Virginia about to lose malpractice cap

[caligas]

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In a late-in-session move, a bill to raise the medical malpractice cap — VACEP | Virginia College of Emergency Physicians

In a late session move, the General Assembly is pushing legislation that would increase Virginia’s medical malpractice cap.

www.vacep.org

The worst part of the is the uncapped pre judgement interest, a "penalty meter" that runs at 6% interest for years before a case even goes to trial. Do the math on a $6M judgement!! Good luck feeling like you have time to defend yourself from a lawsuit.

And the double standard for state vs private institutions is egregious. Why does the Virginia legislature think a patient’s life at UVA is worth a "capped" amount, but a patient’s life at a private hospital is "uncapped"?

 

[aneftp]

Will any of this matter once hospitals and states employ 90% of anesthesiologists and other physican specialties.

 

[caligas]

Will any of this matter once hospitals and states employ 90% of anesthesiologists and other physican specialties.

Yes. Only state hospitals/VAs are exempt and even with state hospitals there are possible workarounds to target attending docs.

 

[AdmiralChz]

Virginia is going to turn into one of the most undesirable places to live with the new heavily democratic legislature. Very high taxes are proposed exceeding even California rates may be impending. Also new luxury taxes like increased sales taxes at country clubs, athletic facilities etc. All in a state that had a very large surplus last few years. The D’s are also gerrymandering the districts (with the explanation of “they are doing it in Texas so we are doing it here”) so they may stay in majority for a very long time.

One benefit is they are torpedo-ing medical noncompetes, at least last I heard. As I’ve seen, these only serve to handcuff and choke employees.

Will be interesting to see how this proceeds, initially the proposed malpractice changes was just for pediatric patients but now it’s for all?

 

[caligas]

Virginia is going to turn into one of the most undesirable places to live with the new heavily democratic legislature. Very high taxes are proposed exceeding even California rates may be impending. Also new luxury taxes like increased sales taxes at country clubs, athletic facilities etc. All in a state that had a very large surplus last few years. The D’s are also gerrymandering the districts (with the explanation of “they are doing it in Texas so we are doing it here”) so they may stay in majority for a very long time.

One benefit is they are torpedo-ing medical noncompetes, at least last I heard. As I’ve seen, these only serve to handcuff and choke employees.

Will be interesting to see how this proceeds, initially the proposed malpractice changes was just for pediatric patients but now it’s for all?

Well to be fair this bill was initiated by a republican and every republican in the senate voted for it

 

[AdmiralChz]

Well to be fair this bill was initiated by a republican and every republican in the senate voted for it

So, I’m not sure VACEP has this one right. This is about interest not the malpractice cap despite the article.

MSV and other organizations have *nothing* to say about it (they aren’t exactly useful though). This bill passed the senate unanimously, no chance a malpractice cap
Increase alone would.

 

[caligas]

Even if just interest, the amounts on a large judgment for an act that occurs many years before could be massive, especially with Peds

The legislature is actually trying to get this passed to work retroactive such that it would apply to any cases where the judgement occurs after July 1, regardless of incident date.

 

[aneftp]

What’s interesting is many of these legal arguments why large payouts are needed is due to long term healthcare for the injured party (say anoxic brain injury)

Yet if we get universal healthcare those bogus arguments go out the window for large payouts.

As always. With lawyers it’s always about the $$$

 

[Account1]

Virginia is going to turn into one of the most undesirable places to live with the new heavily democratic legislature. Very high taxes are proposed exceeding even California rates may be impending. Also new luxury taxes like increased sales taxes at country clubs, athletic facilities etc. All in a state that had a very large surplus last few years. The D’s are also gerrymandering the districts (with the explanation of “they are doing it in Texas so we are doing it here”) so they may stay in majority for a very long time.

One benefit is they are torpedo-ing medical noncompetes, at least last I heard. As I’ve seen, these only serve to handcuff and choke employees.

Will be interesting to see how this proceeds, initially the proposed malpractice changes was just for pediatric patients but now it’s for all?

Taxes aside, why do people care so much about malpractice caps generally?

The percentage of verdicts going against the defendant is already extremely small given settlement rates.

The percentage of those going against the defendant that are in excess of policy limits are likely much smaller than that.

Most large verdicts I see are in cases where I’m like “yeah that makes some sense”

 

[Lab Lover]

Taxes aside, why do people care so much about malpractice caps generally?

The percentage of verdicts going against the defendant is already extremely small given settlement rates.

The percentage of those going against the defendant that are in excess of policy limits are likely much smaller than that.

Most large verdicts I see are in cases where I’m like “yeah that makes some sense”

Absence of a cap affects the math when deciding if to settle especially with a dramatic injury.

 

[CopaceticOne]

Taxes aside, why do people care so much about malpractice caps generally?

The percentage of verdicts going against the defendant is already extremely small given settlement rates.

The percentage of those going against the defendant that are in excess of policy limits are likely much smaller than that.

Most large verdicts I see are in cases where I’m like “yeah that makes some sense”

Risk. If there is potential for being on the hook for an insane amount, more claims will be filed and more settlements will occur just because the lawyers see $$$.

In the state I did training, there is a reasonable cap for what the malpractice insured can be forced to pay. Above that amount is covered by a statewide fund that everyone contributes to. Obviously it is really hard for lawyers to get their hands on money from that collective fund, so the effort from them is only worth it in truly egregious cases.

The result:
1) lower malpractice insurance rates
2) less frivolous malpractice cases
3) shared risk for the rare catastrophic outcomes that require long term support

 

[caligas]

Risk. If there is potential for being on the hook for an insane amount, more claims will be filed and more settlements will occur just because the lawyers see $$$.

In the state I did training, there is a reasonable cap for what the malpractice insured can be forced to pay. Above that amount is covered by a statewide fund that everyone contributes to. Obviously it is really hard for lawyers to get their hands on money from that collective fund, so the effort from them is only worth it in truly egregious cases.

The result:
1) lower malpractice insurance rates
2) less frivolous malpractice cases
3) shared risk for the rare catastrophic outcomes that require long term support

Which state?

 

[Account1]

Risk. If there is potential for being on the hook for an insane amount, more claims will be filed and more settlements will occur just because the lawyers see $$$.

In the state I did training, there is a reasonable cap for what the malpractice insured can be forced to pay. Above that amount is covered by a statewide fund that everyone contributes to. Obviously it is really hard for lawyers to get their hands on money from that collective fund, so the effort from them is only worth it in truly egregious cases.

The result:
1) lower malpractice insurance rates
2) less frivolous malpractice cases
3) shared risk for the rare catastrophic outcomes that require long term support

What bothers me more is states that are excessively plantiff friendly. I’m not sure if that correlates with no cap malpractice but I could be wrong there for sure

 

[eyeeye_captain]

I interviewed at a terrible practice in Indiana years ago (long story), but I still remember one of their docs telling me about the system being great there. Google says the most a doc can be responsible for is $500k, and apparently any claim goes to a panel of 3 from your specialty to see if there’s merit before it can be litigated.

I imagine malpractice rates are pretty low there.

 

[cittykat]

What’s interesting is many of these legal arguments why large payouts are needed is due to long term healthcare for the injured party (say anoxic brain injury)

Yet if we get universal healthcare those bogus arguments go out the window for large payouts.

As always. With lawyers it’s always about the $$$

Our state has a $350k cap for “noneconomic damages” i.e. pain and suffering and a $500k cap for wrongful death. But we have no limit for economic damages (lost wages, long term healthcare costs, etc) so we still have plenty of 8 figure settlements.

 

[ItBurnsInMyHand]

I interviewed at a terrible practice in Indiana years ago (long story), but I still remember one of their docs telling me about the system being great there. Google says the most a doc can be responsible for is $500k, and apparently any claim goes to a panel of 3 from your specialty to see if there’s merit before it can be litigated.

I imagine malpractice rates are pretty low there.

They had a governor that was a physician at some point

 

[abolt18]

I interviewed at a terrible practice in Indiana years ago (long story), but I still remember one of their docs telling me about the system being great there. Google says the most a doc can be responsible for is $500k, and apparently any claim goes to a panel of 3 from your specialty to see if there’s merit before it can be litigated.

I imagine malpractice rates are pretty low there.

What You Should Know

Generally it'll be at least 2 of the 3 being in the same specialty.

 

[eyeeye_captain]

What You Should Know

Generally it'll be at least 2 of the 3 being in the same specialty.

Interesting system. Guess it may limit the number of expert witnesses you’d have to hire if you actually went to trial and the panel already said you met the standard of care

 

[NPJR]

Most large verdicts I see are in cases where I’m like “yeah that makes some sense”

We work in a field in which "yeah that makes some sense" can flash across your eyes daily.

 

[anesthesiadoc]

Will any of this matter once hospitals and states employ 90% of anesthesiologists and other physican specialties.’

Yes, it will.

 

[caligas]

National Association of Mutual Insurance Companies

National Association of Mutual Insurance Companies

namic.quorum.us

 

[aneftp]

I wish we can go to a loser pays system. Can u image if the losing plaintiff party has to pay 6% interest from the time they file if they lose the case.

That would be more justified and make them think twice before filing