MSV responds to Richmond Times-Dispatch editorial
3 December 2009
In response to a Nov. 23 editorial, "
Jackpot Justice" which presented inaccurate information about the implications of the Affordable Health Care for America Act on tort reform, MSV issued the letter below to the editor clarifying the provisions of the bill.
Dear Editor,
In response to the November 23 editorial, “Jackpot Justice”, I’d like to clarify the implications of the Affordable Health Care for America Act (HR 3962) on Virginia's medical liability statutes. Under the proposed bill, Virginia would indeed be eligible for incentive payments for enacting medical liability alternatives without needing to repeal the existing medical liability cap.
The bill does not require that states with existing caps on damages or limits on attorney’s fees repeal those state statutes. Instead, the bill creates an opportunity for states to receive financial incentives for enacting litigation alternatives including those that would allow patients and providers to resolve adverse event cases more quickly. In Virginia, any new litigation alternatives would be compatible with the existing malpractice cap.
Our physician members would prefer that the House of Representatives’ reform package include more options for substantive tort reform. In addition, we would strongly recommend that sufficient funding be made available to enable these reforms. However, should the bill become law, the Medical Society of Virginia believes that it would be a worthwhile endeavor to pursue this opportunity that would provide financial incentives for the purpose of improving health care in the commonwealth.
Sincerely,
Rufus C. Phillips IV
Executive Vice President
Medical Society of Virginia