The Washington Times
Senate panel approves tort bill
Christina Bellantoni
January 20, 2005

RICHMOND — A powerful Senate committee yesterday unanimously approved a sweeping medical-malpractice insurance reform bill that lawmakers hope would keep doctors from leaving Virginia because of rising premium rates.

"It's great news," said Sen. Stephen D. Newman after the Senate Courts of Justice Committee recommended his bill. "I had expected opposition today. I was surprised."

The Lynchburg Republican's bill, which has bipartisan support and the lukewarm endorsement of trial lawyers, will come up for a vote in the full Senate next week. If it passes, the bill will be sent to the House, where several similar tort-reform measures are pending.

Mr. Newman's bill includes proposals he said are needed to help keep down malpractice insurance and health care costs. His bill would:

• Prohibit patients and their families from using a doctor's expression of empathy as evidence in a medical-malpractice lawsuit.
• Require certification of expert witnesses who testify in a malpractice case.
• Allow doctors to use their notes to testify in a case.
• Require the state Medical Review Board to evaluate doctors who have settled three or more malpractice cases.
• Call for a one-year continuation of a medical-malpractice reform study that could recommend further changes.

Doctors from across the state have been participating in a "White Coats on Call" lobbying effort to urge the Republican-controlled General Assembly to take up medical-malpractice reform.

Doctors say they need the reforms to keep them from leaving the state or quitting high-risk specialties such as surgery, obstetrics and gynecology. The Medical Society of Virginia, a professional association of more than 8,700 Virginia physicians, has said it lost about 100 doctors in the past 12 months because of rising insurance rates.

"White Coat Day and the fervency of physicians and the fact that we're starting to lose specialists is resonating with people," Mr. Newman said. "It shows tremendous momentum."

Other medical-malpractice reform measures offered by Republicans and Democrats will be rolled into Mr. Newman's bill.

In addition, there are separate proposals to cap pain and suffering awards at $250,000 and limit attorney fees for medical-malpractice cases.

Virginia already caps medical-malpractice awards at $1.75 million.

In Maryland, the Democrat-controlled General Assembly recently enacted a medical-malpractice insurance reform bill that includes a tax on health maintenance organizations, overriding a veto by Gov. Robert L. Ehrlich Jr., a Republican.

The law freezes the cap on noneconomic damages, such as pain and suffering, at $650,000 for three years. It also reduces from $1.6 million to $812,500 the maximum payout for errors leading to death.