Medical tort bill near OK in House

RICHMOND — The House today is expected to pass an omnibus medical-malpractice bill that lawmakers say would help keep down malpractice insurance and health care costs.

The legislation would require expert-witness certification, allow doctors to show empathy to patients without being held liable, and require the state Medical Review Board to evaluate physicians who have settled three or more malpractice cases.

The Senate on Tuesday unanimously approved an identical bill.

The bills do not include a cap on pain and suffering awards many doctors had requested. However, lawmakers said the legislation still has broad support and that it will help doctors stay in Virginia.

“This is a great start for us,” said Delegate Terry G. Kilgore, Gate City Republican, who authored the House bill.

Doctors, who during the session have been lobbying lawmakers daily for malpractice reform, said they need the reforms to keep their colleagues from leaving the state or quitting high-risk specialties, such as surgery, obstetrics and gynecology.

“We’ve seen insurance rates double and triple,” said Delegate Robert F. McDonnell, Virginia Beach Republican who is running for attorney general. “We’ve seen a lot of veteran physicians leave the practice because of some of the costs associated with those premiums.”

The average claim in Virginia is $330,000, which is among the 10 lowest in the nation.

“It is a balanced approach to identifying in the near term ways that we can make it a lot easier for our doctors to continue to practice medicine here in the xommonwealth of Virginia,” said Delegate Bill Janis, Goochland Republican. “The biggest beneficiary of this will be patients in Virginia.”

The House is expected today to take a final vote on a bill that would bar Virginians from suing fast-food makers if they become obese from consuming the makers’ products.

Mr. Janis’ bill specifically states that people can’t sue a manufacturer or seller of a “qualified food product” for an injury, potential injury or death resulting from consumption of the food product and weight gain, obesity or any health condition related to being overweight.

A qualified food product is defined by the federal Food, Drug and Cosmetic Act and would include fast food sold at McDonald’s and other chains.

Mr. Janis authored the bill as a pre-emptive move against lawsuits, such as the one filed against McDonald’s in New York.

The House on a voice vote endorsed the measure yesterday. A similar measure failed last year.

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