MSV thanks Del. Albo and Sen. Saslaw for leadership on medical malpractice cap agreement

April 2011

It was a long and sometimes difficult journey, but the Medical Society of Virginia (MSV) is pleased with the outcome of the medical malpractice cap agreement. Even until the last minute, with Gov. Bob McDonnell’s veto of the medical malpractice cap bill, no one was certain of how things were going to turn out. MSV worked aggressively to secure the needed votes to overturn the governor’s veto – MSV’s hard work and patience paid off in the end. The cap agreement will now become law on July 1 with the first adjustment to the cap taking place on July 1, 2012. MSV is grateful to Del. David Albo (R-Springfield) and Sen. Dick Saslaw (D-Springfield) for their roles in the passage of this legislation.

In 2009, Del. Albo and Sen. Henry Marsh III (D-Richmond) charged MSV, the Virginia Trial Lawyers Association (VTLA) and the Virginia Hospital and Healthcare Association (VHHA) to work together to reach an agreement on the medical malpractice cap. After two years of discussions and negotiation, MSV and VTLA reached an agreement to maintain a total cap for the next 20 years while ensuring a fair and reasonable medical tort system in Virginia and preserving access to top quality health care for Virginia’s citizens. VHHA supported the agreement, as well.

“The fighting between the doctors and lawyers had been going on for decades,” Del. Albo said. “We told both groups that it would be impossible to get organized because of the big unknown in the future. We told them to come up with a solution, a true compromise, so we could move on and focus on other issues.”

The compromise provides for a $50,000 annual increase to Virginia’s current $2 million cap – representing an average annual increase of roughly two percent – beginning July 1, 2012 through 2031. During session, Del. Albo, who chairs the House Courts of Justice Committee, introduced HB 1459 to enact the agreement. The Senate’s version of the medical malpractice cap legislation, SB 771, was introduced by Sens. Saslaw and Tommy Norment (R-Williamsburg) and passed with unanimous support.

The medical malpractice agreement provides stability in the medical liability arena, establishing reasonable limits on malpractice awards and creating a market for liability carriers that will remain competitive in both availability and premium costs. Patients also benefit because they retain access to the broad range of high quality medical care available to them today.

“The physicians have one of the best groups of advocates down here,” Del. Albo said. “If you did a poll at the General Assembly, MSV would be among the top in terms of professionalism, knowledge of the issues and the ability to work with others. MSV members get good value for their dues.”

MSV thanks Del. Albo and Sen. Saslaw again for their leadership and support with the medical malpractice cap agreement. To learn more about the history of the agreement, please visit www.msv.org/CapAgreement.