Med-mal damages cap fight held over until 2010 legislative session

12 January 2009

Legislation introduced for the General Assembly session that starts this Wednesday would raise the cap on med-mal recoveries from $2 million to $2.75 million. The bill proposed by Sen. Henry Marsh, D-Richmond, also would provide annual increases to the cap pegged to increases in the cost of medical care.

Nevertheless, Marsh’s cap increase proposal appears dead on arrival for the 2009 session because the Virginia Trial Lawyers Association has decided not to lobby for the increase until 2010.

W. Scott Johnson, a lobbyist for the MSV, said the doctors are not taking Marsh’s bill lightly, even though Marsh may be simply trying to stay in control of the issue. “Until it’s dead, we’re not going to rest,” Johnson said.

Johnson emphasized that preserving the cap is the MSV’s “number one priority issue.”

For more information click here (VALawyersWeekly.com).