Tort Reform

In the United States, tort reform is a pressing political issue and a centerpiece of federal health care reform discussions. Advocates of tort reform propose procedural limits on the ability to file claims and capping the awards of damages. This has direct application to the important issue of the medical malpractice cap in Virginia.

Virginia’s medical malpractice cap was designed as a total cap, meaning that it applies to all damages (pain and suffering, medical bills, wages, and punitive damages). The cap applies to all defendants collectively, not on a per defendant basis. The cap was triumphant in attaining its purpose of availability and affordability. The cap stands at $2 million and will continue to exist at this level absent legislative changes.

In addition to Virginia’s aggregate cap on damages, the Commonwealth boasts a number of reforms that effectively made Virginia one of the best places to practice medicine. A recent legislative victory that strengthened Virginia’s “I’m Sorry” legislation has helped encourage open communication between patients and their physicians.

Despite this strong liability environment, escalating malpractice coverage costs continue to threaten patient access to care. Medical liability reform continues to be a legislative priority of the MSV.