HD21 - Interim Report of the Joint Subcommittee Studying Virginia's Medical Malpractice Laws

  • Published: 1985
  • Author: Joint Subcommittee Studying Virginia's Medical Malpractice Laws
  • Enabling Authority: House Joint Resolution 20 (Regular Session, 1984)

Executive Summary:
Following a comprehensive study and evaluation of Virginia's medical malpractice laws, the joint subcommittee makes the following recommendations:

1. That a mandatory, annual, closed-claim reporting requirement be reinstituted to ensure that objective statistical data on medical malpractice claims are readily available for rate-making and general informational purposes;

2. That State Corporation Commission approval of malpractice insurance rates be continued in lieu of adopting a competitive market approach to rate-making;

3. That the malpractice review panels be retained, but that the credibility of the panels be improved by assuring the impartiality of the panel members and clarifying the role of panel members in evaluating the claim; and

4. That the limitation on medical malpractice recovery be retained at the present time;

5. That retention of the collateral source rule, in view of retaining the cap, is in the best public interest; and

6.That the joint subcommittee be allowed to continue its study, in conjunction with an ongoing study of similar issues by the Medical Society of Virginia, and complete its evaluation of the need for modifications in current law with respect to the (i) use of the contingent fee in malpractice actions, (ii) abrogation of the collateral source rule, (iii) need for retention of or increase in "the cap," (iv) weight to be given a panel decision in subsequent litigation, (v) need for clarification of the evidentiary standard in proceedings before the panel, (vi) desirability of modifying the statute of limitations to provide for a date of discovery accrual time and/or a shortened tolling period for minors, (vii) need to clarify the law pertaining to the qualification of expert witnesses, and (viii) need to clarify a standard of care.