Ben's Blog 
General
- Richmond Virginia Worker's Comp Attorney Soon to Be More Available in Fairfax and Herndon
- Should lawyers who blog be protected by the First Amendment?
- Virginia's largest wrongful death verdict reduced after Facebook photos erased
- Contingent Fees Explained in New Legal Academy Video
- Ben Glass Selected for Inclusion in Best Lawyers 2011
Virginia, DC, and Maryland Personal Injury Attorney News
Posted on Jun 27, 2008
Increased Malpractice Damage Cap In Virginia Is Still Unfair To Victims
Virginia Medical Malpractice Attorney Speaks Out Against July 1 Increase in Virginia's Medical Malpractice Damage Limitation
Fairfax, VA, June 27, 2008 – Benjamin W. Glass, III, legal advocate for victims of medical negligence in Virginia, is speaking out again against the newest increase in the state’s arbitrary damage cap.
Virginia’s cap on medical malpractice damages increases to two million dollars, effective July 1st and will be the limit for all economic and non-economic damages related to a medical negligence injuries including medical expenses, lost income, and pain and suffering. Even in cases where a doctor's negligence causes millions of dollars in medical bills, a patient's recovery is limited to 2 million dollars for incidents occurring after July 1, 2008.
“As medical costs continue to rise, more and more victims of malpractice will continue to be impacted by Virginia’s arbitrary limit,” says Ben Glass. What people don't realize is that in many cases the health insurance company paying the bills is legally entitled to recover what they paid from the victim, “leaving patients and their families to foot the bill for the carelessness of their healthcare providers is blatantly unfair.”
The Virginia General Assembly created the damage caps in the 1970's to help protect providers from unreasonably high medical malpractice premiums. However, there was never any evidence in Virginia that malpractice premiums were tied to large verdicts and a number of natoinal studies have shown that damage caps have no impact on malpractice insurance premiums. And doctors in Virginia are not even required to have malpractice insurance. Despite these facts the state Supreme Court has repeatedly upheld the constitutionality of the caps.
People who sustain injuries worth less than $2 million can obtain a full recovery,” Glass said. “But in catastrophic cases were the damages exceed $2 million it’s a different story. This type of ‘solution’ puts the entire burden of solving this non-crisis onto those who have been most seriously injured by the physicians.”
A large portion of the cost of the ‘solution’ is put on Virginia’s tax payers since damage caps increase litigation costs. Fewer insurance companies will pay a fair settlement as they know that even if the case goes to trial they won’t be required to pay more than $2 million. Fewer cases are settled and more injured parties are forced to file suit and go to trial.
About Ben Glass
Ben Glass is a personal injury attorney in Fairfax, Virginia. He has been representing individuals against the insurance companies since 1983. He has authored numerous consumer publications, including The Truth About Lawyer Advertising and The Ultimate Guide to Personal Injury Claims in Virginia. He is a frequent lecturer to the legal community. Visit his web site at www.BenGlassLaw.com.
For More Information Contact:
Ben Glass
703-591-8929
ben@benglasslaw.com
Get Our iPhone App
Contact Ben Now
Testimonials
- I never once felt stressed during the process of pursuing the case, only confidence and a shared sense of being on the right side. You and your staff are truly remarkable.
- As a personal injury attorney and medical malpractice attorney in Virginia, I do not know a more ethical,professional,and aggressive when appropriate attorney in Northern Virginia.
- Ben Glass is a rare breed, he is an ethical lawyer with impressive integrity.
- I found Ben while searching for info on car insurance. He had done some videos with an insurance agent in Virginia that were really helpful when purchasing my first policy (can't be under mom and dad's forever!).
- I commend Mr. Glass for his excellent communications skills. Even a novice can understand his succinct, first-person narrative writing style.
Latest News
- Posted on 5/1/2012Real Estate Agent Convicted of Huge Fraud
- Posted on 3/3/2012Virginia Supreme Court Says Family May Keep Verdict Against Virginia Beach Plastic Surgeon
- Posted on 3/24/2010Truck Driver Awarded Damages in Lawsuit Against Interstate Van Lines
- Posted on 10/6/2009Virginia Attorney Ben Glass Launches New Lawyer Referral Service
- Posted on 6/6/2009Korean Language Virginia Accident Book published