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HB1282: Medical Malpractice Settlement Offer and Recovery Act; established.

Chief Patron

Del. Clay Athey (R-18)

Clay Athey (R-18)
Front Royal, VA
Served: 2002–

Progress

Yes Introduced
No Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Status

02/12/2008: Failed to Pass in Committee

View Entire History

Summary

Medical Malpractice Settlement Offer and Recovery Act.  Provides that a defendant in a medical malpractice case may make an irrevocable settlement offer within 180 days after responsive pleadings were filed. The offer shall provide for the payment of the plaintiff's net compensatory damages and attorney fees in an amount equal to 10 percent of these damages, however it shall not provide for punitive or exemplary damages.  The plaintiff has 30 days to accept or reject the offer. If the offer is rejected, the plaintiff's case proceeds with the increased burden that he prove by clear and convincing evidence that his injuries resulted from the defendant's gross negligence or wanton and willful misconduct.

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Video

Votes were cast on this bill on the following dates for which Richmond Sunlight has video: 01/09/2008, 01/09/2008 and 02/12/2008.

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Bill Text

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