Medical incident compensation; penalties. (HB87)

Introduced By

Del. Bob Marshall (R-Manassas)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Medical incident compensation; penalties.  Establishes a system for determining the liability of physicians and hospitals for medical injury caused by an unintended or unexpected adverse consequence or unanticipated outcome of (i) health care rendered or provided to the patient or (ii) the failure of a health care provider to render or provide health care to the patient. This system is the exclusive remedy for covered injuries; however, civil actions are permitted against a health care provider where there is clear and convincing evidence that the health care provider intentionally or willfully caused or intended to cause an injury. A claimant need not establish that the health care provider's negligence or breach of contract caused the injury. A claimant whose injury is found to be covered by the measure is eligible to be compensated for (i) expenses of medical and hospital, rehabilitative, therapeutic, nursing, attendant, residential, and custodial care; (ii) loss of earnings for the period that the claimant is unable to perform the functions of any job for which he was reasonably qualified at the date of the medical incident, based on his training and experience at a rate equal to the statewide average weekly wage; (iii) permanent loss or disfigurement as provided in the Workers' Compensation Act; (iv) if the injury is fatal, burial expenses and a death benefit not to exceed $100,000; (v) vocational rehabilitation services; and (vi) reasonable expenses, including reasonable attorney fees. Total awards are subject to the limit currently applicable in medical malpractice actions. Determinations of liability and damages will be made by a three-member Medical Injury Compensation Board. Claims will be reviewed by a panel of three qualified and impartial physicians drawn from a specialty appropriate to the facts of a particular case, whose members are selected by the deans of the schools of medicine of the Eastern Virginia Medical School, University of Virginia School of Medicine, and Medical College of Virginia of Virginia Commonwealth University, which panel will prepare a report regarding whether the claimant's medical injury does or does not satisfy the criteria of a covered injury. Health care providers are required to insure the payment of compensation to injured patients through a policy of medical incident insurance. Failure to insure is punishable by civil and criminal penalties. The expenses of the Board will be paid from an administrative fund maintained by a premium tax levied on liability insurance carriers. An Uninsured Providers' Fund is established to pay awards against uninsured health care providers. The measure applies to all claims for covered injuries occurring in this Commonwealth on and after July 1, 2012. Read the Bill »


Bill Has Failed


01/04/2010Prefiled and ordered printed; offered 01/13/10 10100492D
01/04/2010Referred to Committee on Commerce and Labor
01/19/2010Referred from Commerce and Labor
01/19/2010Referred to Committee for Courts of Justice
01/26/2010Impact statement from SCC (HB87)
02/01/2010Subcommittee recommends laying on the table
02/16/2010Left in Courts of Justice


CG2 Consulting, tracking this bill in Photosynthesis, notes:

This bill advocates a no fault, workers comp like system for addressing in hospital medical errors/accidents. The idea is not new ... the Joint Commission on Accreditation of Healthcare Organizations recommended the creation of a "patient-centered" injury compensation system in a 2005 report, Such a system would reduce the cost of care by eliminating litigation costs and reverse the current perverse incentive where facilities that don't do what they can to prevent medical errors, infections and accidents get paid to address the problem that they created.

Jack Ford writes:

Bill failed. Laid on the table by sub-committee. Good. Patients have too few protections in Virginia as it is.