Doctors are expected to lobby for changes in malpractice laws to help reduce their insurance premiums. Already, consumers are at a disadvantage in the Commonwealth.
Virginia’s laws, already among the nation’s toughest, have limited awards to injured people since the mid-1970s. Some lawmakers in Virginia back restrictions similar to those in California, where damages for so-called pain and suffering are limited to $250,000.
Virginia currently limits awards to $1.75 million, even when costs of care of a medically injured person can be many times that. Unlike Virginia, California does not restrict jury awards for medically necessary care.
In addition to restricting pain-and-suffering awards to $250,000, the General Assembly will consider blocking hospitals from requiring doctors to carry insurance that fully covers their liability under Virginia law. Other proposals would control payments to lawyers of injured people, offset awards by the amount covered by health insurance or other payments, and restrict where malpractice suits can be filed and how many experts can testify.
Why is it always the docs vs. the lawyers. I can appreciate that escalating premiums are getting out of hand and that up to half of settlements go towards lawyers’ fees, but are the real culprits insurance companies? I wouldn’t be surprised to see they are milking doctors in this battle for all their worth.