Preserving the Cap
July 2008
In the summer of 2007, the Medical Society of Virginia (MSV) began focusing on the medical malpractice cap, in anticipation that plaintiff’s attorneys would introduce legislation to repeal or increase the cap either during the 2008 session of the General Assembly or certainly in the 2009 session.
On July 1, the cap matured at $2 million, ending a decade of annual increases. However, that date does not mark an end to the cap itself; it will remain in place at the $2 million dollar level unless legislation is passed to change it. MSV’s goal will be to work to maintain the cap at its current level.
Aggressive plans are in place to protect the cap, and by extension Virginia’s Birth Injury Fund (BIF). MSV’s policy staff is conducting extensive research into the impact of the cap—as well as the potential impact of losing it.
Within 10 days of the end of the 2008 session, MSV staff began drafting a detailed working document that will be used to help navigate the society in the formulation of a medical malpractice cap game plan. The document was then reviewed by MSV’s board of directors, executive committee and Medical Liability Advisory Group (MLAG). This plan will guide the society not only through next year’s session, but it will serve as an invaluable tool for 2010 and the years to follow. Going forward, MLAG will focus its efforts on exploring possible policy options and scenarios, prioritizing those options and forwarding them to MSV’s board of directors for its consideration.
MLAG is chaired by Daniel Carey, M.D. and includes the following members:
- Zerline E. Chambers-Kersey, M.D.
- Paul M. Colopy, M.D.
- Siobhan S. Dunnavant, M.D.
- David A. Ellington, M.D.
- Thomas W. Eppes, Jr., M.D.
- E. Claiborne Irby, Jr., M.D.
- H. Lee Kanter, M.D.
- Edward G. Koch, M.D.
- Russell C. Libby, M.D.
- Michele A. Nedelka, M.D.
- Sterling N. Ransone, Jr., M.D.
- E. Mark Watts, M.D.
As Dr. Carey has noted, the strength that can be derived from tapping the resources of MSV’s policy, communications and government affairs teams, as well as membership, the MSV Alliance, the MSV Foundation, the MSV Insurance Center, VAMPAC and personal commitments from the MSV board, will greatly enhance the society’s ability to achieve a favorable outcome.
There are several ways you can help protect the cap. Organize visits with your legislators in their home districts before the General Assembly session convenes (MSV can help coordinate these efforts). Write, call or email your legislators to share your stories of how keeping the cap at $2 million will help ensure a stable malpractice market for health care providers. Talk to local chambers of commerce and community groups about the potential consequences of increasing the cap. Maintain your MSV membership to support our advocacy efforts. And consider purchasing your insurance through the MSV Insurance Center. The center’s profits help support MSV advocacy efforts on your behalf.
If you wish to become involved with the effort to maintain the medical malpractice cap, please contact Amy Hewett, assistant director of political advocacy, at 804 | 377-1036 or by e-mail; or contact Keith Hare, director of government affairs, at 804 | 377-1031 or by e-mail.