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Committee Passes Medical Malpractice Legislation Bill in West Virginia

January 14, 2003

West Virginia physicians received encouraging news Monday when the state's House Judiciary Committee passed a medical malpractice reform bill that caps damage awards in lawsuits and provides doctors with financial relief from high insurance premiums. As part of the new legislation, damages sought by malpractice patients for pain and suffering will be capped at $250,000, and an income tax credit will be established to help doctors pay for their premiums.

Lawmakers refused to include several provisions recommended by Governor Bob Wise, who sought a sliding scale for malpractice damages and the establishment of a $20 million relief fund, financed by the state's share of the national tobacco settlement, to help physicians pay their insurance premiums. The bill, which now moves to the House floor for approval, will keep the governor's $500,000 cap for trauma care damages and $250,000 exemption for physicians forced into bankruptcy.

The proposed legislation comes after two dozen doctors took leaves of absence at four West Virginia hospitals to protest the current malpractice insurance crisis.

-- Article Courtesy of InjuryBoard.com

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