Medical malpractice; increases cap on recovery in actions against health care providers. (HB1459)

Introduced By

Del. Dave Albo (R-Springfield)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Remedies; limitation on recovery in certain medical malpractice actions.  Increases from $1.5 million to $2.05 million, on July 1, 2012, the cap on the recovery in actions against health care providers for medical malpractice. Thereafter, the cap is increased by $50,000 annually with the last increase on July 1, 2031. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
11/30/2010Committee
11/30/2010Prefiled and ordered printed; offered 01/12/11 11100861D
11/30/2010Referred to Committee for Courts of Justice
01/12/2011Assigned Courts sub: #2 Civil
01/19/2011Subcommittee recommends reporting with amendment(s) (10-Y 1-N)
01/31/2011Reported from Courts of Justice with substitute (21-Y 0-N) (see vote tally)
01/31/2011Committee substitute printed 11104935D-H1
02/02/2011Read first time
02/03/2011Read second time
02/03/2011Committee substitute agreed to 11104935D-H1
02/03/2011Engrossed by House - committee substitute HB1459H1
02/04/2011Read third time and passed House (89-Y 8-N)
02/04/2011VOTE: PASSAGE (89-Y 8-N) (see vote tally)
02/07/2011Constitutional reading dispensed
02/07/2011Referred to Committee for Courts of Justice
02/09/2011Reported from Courts of Justice with amendment (13-Y 0-N) (see vote tally)
02/11/2011Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/14/2011Read third time
02/14/2011Reading of amendment waived
02/14/2011Committee amendment agreed to
02/14/2011Engrossed by Senate as amended
02/14/2011Passed Senate with amendment (40-Y 0-N) (see vote tally)
02/15/2011Placed on Calendar
02/16/2011Senate amendment agreed to by House (89-Y 7-N)
02/16/2011VOTE: ADOPTION (89-Y 7-N) (see vote tally)
02/17/2011Enrolled
02/17/2011Bill text as passed House and Senate (HB1459ER)
02/17/2011Signed by Speaker
02/20/2011Signed by President
03/29/2011G Vetoed by Governor
04/06/2011Bill became law, Chapter 758 (effective 7/1/11)
04/06/2011Governor's veto overridden (93-Y 7-N)
04/06/2011VOTE: OVERRIDE GOVERNOR'S VETO (93-Y 7-N) (see vote tally)
04/06/2011Passed by temporarily
04/06/2011Passed in enrolled form (30-Y 10-N) (see vote tally)
04/06/2011Motion to reconsider passed in enrolled form agreed to (40-Y 0-N) (see vote tally)
04/06/2011Passed in enrolled form (29-Y 11-N) (see vote tally)
04/06/2011Bill became law, Chapter 758 (effective 7/1/11)
04/06/2011G Acts of Assembly Chapter text (CHAP0758)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 2 minutes.

Comments

JOHN PAUSWINSKI,MD writes:

This bill being passed over Gov McDonnells veto demonstrates the power of the trial lawyers in Virginia. After blackmailing the Virginia Medical Society by threatening to force THE STATE lEGISLATURE TO REMOVE THE CAP.
THIS BILL IN REALITY WILL INCREASE THE COST OF PRACTICING MEDICINE AND MANY GOOD PHYSICIANS WILL be forced TO RETIRE.
LAWYERS, IN GENERAL ARE GREEEDY BASTARDS WHO ARE ONLY CONCERNED ABOUT HOW MUCH MONEY THEY CAN SUCK OUT OF THE HEALTH CARE SYSTEM.THEY DO NOT UNDERSTAND HOW A PHYSICIAN TREATS A PATIENT AND THAT SOMETIMES EVEN THE PRACTICE OF GOOD MEDICINE WILL RENDER A POOR RESULT.We will all SOMEDAY DIE,BUT MUST A greedy LAWYER GET A FEE. DEFENSIVE MEDICINE INCREASES MEDICAL COSTS BY AT LEAST 200%.
I am disalusioned and have very little faith in Virginai politics. this demonstrates the extent to which our elected oficials can be bought.
The only one who looks good is Gov McDonnell for having the courage to do what is right

Chris Green writes:

I second what Dr Pauswinski said, except from a health insurance salesman's point of view. This will get factored right into the premiums, that you will pay next year, the year after that...

The Trial Lawyers should be run out of the VA GOP, and back into the Democrat Party where they belong.

Two years ago they pushed through legislation that if you get into an auto accident with someone, that the plaintiff could call your insurance company, and now by law they have to reveal what your personal auto insurance limits are.

No matter the actual loss sustained... the Trial Lawyers can now shop the cases they take to court, because they know the size of the pot of gold they are after.

Some guy named Del. Terry Kilgore I believe was the champion of that sterling legislation? Terry, what's your personal policy limits? I think you bumped into me in the General Assembly hallway, and my neck still hurts.

Oh, that's right you can't find a lawyer to sue another lawyer....

Chris Green writes:

That is a classic video...

Dave Albo, should be sent to Washington DC to serve in our Congress.... because he knows how to honor a deal cut by the interests?

The Trial Lawyers threaten the doctors, and health insurance carriers annually with their political power, and finally cut a deal that will raise health insurance permiums, what a minimum of 2.5% annually (remember compounding folks, rule of 8?) to double the trial lawyers take home pay.

This is exactly what is wrong with DC Del albo.. alpo for the trial lawyers it seems...

Here is the real problem with Mal Practice awards... Yes there should be a penalty for negligence... but do doctors intentionally hurt their patients? Do lawyers screw up their clients cases daily before the bench? Try and collect on their mal practice insurance.

People value their lives everyday... because they can purchase life insurance... How much life insurance do you personally have? $100,000, 250,000, $1,000,000?

Seems if a doctor messes up a trial attorney has a new and increasing number for you... a number that he can collect how much on? What's the percentage 33% or more? We don't want to squeeze the attorney's fee with increasing medical costs now do we?

What is the current percentage of lawyers, ahem attorneys making up the General Assembly? I tell you what.. Only the honest ones voted against this legislation, and only an honest one, who happens to be Governor vetoed this gravy train for the trial lawyers...