2011 GENERAL ASSEMBLY CHANGES THE LAW IN VIRGINIA FOR MALPRACTICE REPORTING

Occassionally, I really like a law.

And one was proposed and passed in this year’s General Assembly term that I really like.

HB 2229: Health professionals; competency assessments.

Changes requirements for physicians who have had 3 medical malpractice judgments or claims in ten years such that it only affects practicing physicians. Bill also changed the trigger amount from $10,000 to $75,000.

Ok, what does that mean?

Doctors have to report to the state when they have been successfully sued 3 times for an amount over $10,000.

Now that will change. Only cases with a value of $75,000 or more will have to be reported, and only if the physician is still practicing.

I like this law for a few reasons.

1. $10,000 is way too low.

2. Often, if you are plaintiff #3 – meaning, the third case, even if you have a reasonable case that should settle, doctors don’t want to because of the 3 strikes rule. Now, if the MD has retired, they might not be as worried about the rule, and small cases, no longer count.

So, I like it. Well done Richmond. I think doctors will like it too.
And this means if you are the plaintiff on a case, and the third

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Dan Frith

Dan Frith has over 25 years of experience representing individuals and families in cases of medical malpractice throughout Virginia. He has been named "Best Medical Malpractice Attorney" by Roanoker Magazine and is a member of the Million Dollar Advocates Forum. To speak with Dan, contact him by email at dfrith@frithlawfirm.com.