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2004 SESSION

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Senate Committee on Courts of Justice
Subcommittee Tort Reform Subcommittee #1

Norment, Quayle, Howell, Mims, Cuccinelli

Clerk: Larry M. Girvin
Staff: Jescey French, Mary K. Felch
Date of Meeting: February 10, 2004
Time and Place: Tuesday, 3:30 P.M., 4th Floor East Conference Room, GAB

S.B. 141

Patron: Cuccinelli

Nonsuits. Provides that a party shall not be allowed to suffer a nonsuit unless he does so on or before a date that is at least 14 days prior to the trial date. Under current law, a plaintiff may suffer one nonsuit of right at any point before the court sustains a motion to strike the evidence, before the jury retires, or before the action has been submitted to the court for decision.

S.B. 216

Patron: Potts

Limitation on recovery in medical malpractice actions; limitation on noneconomic damages. Strikes the previously scheduled increases in the medical malpractice recovery cap that were to occur in 2005, 2006, 2007, and 2008. Current law provides, pursuant to the struck language, for the $1.5 million cap to increase by $50,000 each year from 2000 to 2006 and to increase by $75,000 in 2007 and 2008. Pursuant to this provision, the last increase would be $50,000 in 2004. The bill also establishes a $500,000 limitation on noneconomic damage awards in medical malpractice suits, i.e., pain and suffering awards. This provision also provides that, for the purposes of applying this limitation, future noneconomic damages will not be discounted to present value. Further, if separate awards are rendered for past and future noneconomic damages and the combined awards exceed $500,000, the future noneconomic damages will be reduced first. Juries will not be informed about the maximum award for noneconomic damages. "Noneconomic damages" includes physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium, and other related nonpecuniary losses.

S.B. 385

Patron: Norment

Peer review entities; privileged communications. Extends the privileges of confidential communications to quality assurance or peer review committees established under (i) a national or state peer review entity, (ii) a national or state accreditation entity, (iii) a national professional association of health care providers or Virginia chapter of a national professional association of health care providers, or (iv) a statewide or local association representing health care providers licensed in the Commonwealth.

S.B. 415

Patron: Newman

Medical malpractice; limit on attorney fees. Provides that beginning with medical malpractice actions accruing on or after July 1, 2004, attorney fees shall be limited in accordance with the following fee schedule: 40 percent of the first $50,000 of the sum recovered; 33 and one-third percent of the next $50,000 recovered; 25 percent of the next $500,000 recovered; and 15 percent of any amount greater than $600,000 of the sum recovered. The bill applies the percentage limitations to the sum recovered by the plaintiff through trial, settlement, or arbitration, less the expenses related to the action but including any liens for medical care or treatment. On application of the attorney, and with notice to the plaintiff, the court in which the action is pending may adjust the compensation that would be awarded by the fee schedule on the basis of specific factors, including the extent to which the sum recovered, less any legal fees, compensates the plaintiff for his damages.

S.B. 601

Patron: Newman

Noneconomic damages; limitation. Establishes a $250,000 limitation on noneconomic damage awards in medical malpractice suits, i.e., pain and suffering awards. This provision also provides that, for the purposes of applying this limitation, future noneconomic damages will not be discounted to present value. Further, if separate awards are rendered for past and future noneconomic damages and the combined awards exceed $250,000, the future noneconomic damages will be reduced first. Juries will not be informed about the maximum award for noneconomic damages. "Noneconomic damages" includes physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium, and other related nonpecuniary losses. The bill also allows periodic payments of future damages where the amount of the future damage is more than $50,000. In addition, the defendant is allowed to introduce evidence of reimbursement that the plaintiff obtained for expenses related to the injury.