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Ben Glass
Ben Glass
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July 1 Increase In Virginia Malpractice Still Not Enough

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Increased
Malpractice Damage Cap In Virginia
Is Still Unfair To Victims

Virginia
Personal Injury Attorney Speaks Out Against July 1 Increase in Malpractice Damage
Cap

Fairfax, VA , June 27, 2008 – Ben Glass, legal
advocate for victims of medical malpractice in Virginia , is speaking out against the
state’s two million dollar damage cap.

Virginia’s
cap on medical malpractice damages increases to two million dollars, effective July 1st and will be the
limit for all economic and non-economic damages related to a medical negligence
injuries including medical expenses, lost income, and pain and suffering.

“As
medical costs continue to rise, more and more victims of malpractice will
continue to be impacted by Virginia ’s
arbitrary limit,” says Ben Glass. “Leaving
victims and their families to foot the bill for the incompetence of their
healthcare providers is blatantly unfair.”

The
Virginia General Assembly created the damage caps to help protect providers
from unreasonably high medical malpractice premiums. However, a number of studies have shown that
damage caps have no impact on malpractice insurance premiums. And doctors in Virginia are not even required to have
malpractice insurance. Despite these
facts the state Supreme Court has repeatedly upheld the constitutionality of
the caps.

People
who sustain injuries worth less than $2 million can obtain a full recovery,”
Glass said. “But in catastrophic cases were the damages exceed $2 million it’s
a different story. This type of
‘solution’ puts the entire burden of solving this non-crisis onto those who
have been most seriously injured by the physicians.”

And
portion of the cost of the ‘solution’ is put on Virginia ’s tax payers since damage caps
increase litigation costs. Fewer
insurance companies will pay a fair settlement as they know that even if the
case goes to trial they won’t be required to pay more than $2 million. Fewer cases are settled and more injured
parties are forced to file suit and go to trial.