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Northern Virginia, Virginia

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Ben Glass
Ben Glass
Attorney • (703) 584-7277

The Insurance Industry Will Stop At Nothing

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Virginia is a very conservative state for practicing medical malpractice law. The Virginia docs won’t testify against another doc, the university based medical school have basically told their docs that they’ll get fired if they even try to help a patient and we have one of the worst malpractice cap laws in the country.

And they just want to make it harder….

Here’s the text of a bill introduced during this legislative session:

Medical Malpractice Settlement Offer and Recovery Act. Provides that a defendant in a medical malpractice case may make an irrevocable settlement offer within 180 days after responsive pleadings were filed. The offer shall provide for the payment of the plaintiff’s net compensatory damages and attorney fees in an amount equal to 10 percent of these damages, however it shall not provide for punitive or exemplary damages. The plaintiff has 30 days to accept or reject the offer. If the offer is rejected, the plaintiff’s case proceeds with the increased burden that he prove by clear and convincing evidence that his injuries resulted from the defendant’s gross negligence or wanton and willful misconduct.

The patrons of the bill are Athey, Carrico, Cole, Lingamfelter and Sherwood.

Frankly, each one should be ashamed of themselves. They definitely “have it in for” each citizen in their District who may at some point become a patient of a doctor.

Fortunately, this bill was killed before it had a chance to breathe