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Virginia

Recent Reforms Enacted (since 2003)  Total cap of $2M increased by $50K each year until reaching $3M in 2031.  The bill was supported by the state medical society (2011). Created a new insurance program within the Treasury Department to offer liability insurance to certain providers having difficulty securing coverage. Physicians using the state's risk-management insurance will be required to pay premiums set by the state, provide care to Medicaid beneficiaries, and enroll in a Virginia program for children injured at birth (2004). Certificate of Merit requirement, expressions of sympathy not admissible in court, mandatory assessment of providers who pay three liability claims in 10 years (2005).
Emergency Care Provision  None
Reform Elements In Law  $2M Total Cap
Periodic Payments
Expert Witness
Pre-Trial Screening
Affidavit of Merit
I’m Sorry Law
Constitutional Status of Reforms  Untested
Change in Insurance Rates  AMA reports at least one insurer raised rates as much as 0 to 25% in 2004.
Insurance Availability  Information not available.
Change in Physician Availability  Information not available.
Change in Cases Filed/Awards  The state bureau of insurance reported in 2005 that there was an average of $70 million paid to plaintiffs in each of the past three years, with more than 1200 claims filed against physicians annually. The avg. award was $220,000. 33 judgments totaled more than $1 million over the last three years. About three-fourths of suits resulted in no award to the plaintiff. 182 paid claims in 2003 or 9.2 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 152 paid claims in 2005 or 7.7 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) 145 total number of paid claims for 2006 or 6.3 per 1,000 active, non-federal physicians. 118 paid claims in 2007.
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