Recent Virginia News
High Court’s Contempt for Lawmakers’ Authority, Lawsuit Rackets Place Florida atop Latest ‘Judicial Hellholes’ List
WASHINGTON, D.C., December 5, 2017 – The American Tort Reform Foundation issued its 2017-2018 Judicial Hellholes® report today, naming courts in Florida, California, Missouri, New York, Pennsylvania, New Jersey, Illinois and Louisiana among the nation’s “most unfair”...
Panel Discussion Yields Insights into Future of Liability Reform
Taking part in a legal panel on the future of medical liability reform, HCLA chair Mike Stinson joined with legal experts and those supporting the interests of consumers to give insight on how efforts to change the currently broken system will evolve. Hosted by George...
Offer SGR Solutions Not Complaints
The American Medical Association (AMA) is doing a disservice by not weighing in on how to pay for repealing the sustainable growth rate (SGR) formula for physician reimbursement under Medicare, a member of Congress said Thursday. During the second day of a hearing on...
Current Medical Liability Laws
| Damage Caps | Beginning July 1, 2024, $2.65 million cap on total damages. Cap will increase by $50,000 per year starting until the increases stop at $3 million for claims after July 1, 2031. |
| Joint Liability Reform | No. Each party is jointly and severally liable. |
| Collateral Source Reform | Under Virginia Code § 38.2-2201, recovery of “incurred” expenses are permitted under Medical Payments Coverage. An expense is not considered incurred if it is reduced by write-off, paid by a health insurer, or subject to the provider’s charitable forgiveness. |
| Attorney Fees Limited | None |
| Periodic Payments Permitted | Yes, but not mandatory. |