Medical Malpractice Settlement Offer and Recovery Act; established. (HB1282)

Introduced By

Del. Clay Athey (R-Front Royal) with support from co-patrons Del. Mark Cole (R-Fredericksburg), Del. Scott Lingamfelter (R-Woodbridge), Del. Beverly Sherwood (R-Winchester), and Sen. Bill Carrico (R-Grayson)

Progress

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

Description

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. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/09/2008Committee
01/09/2008Prefiled and ordered printed; offered 01/09/08 082221544
01/09/2008Referred to Committee for Courts of Justice
01/16/2008Assigned Courts sub: Civil
02/12/2008Left in Courts of Justice