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Bill

Bill

36-0048

An Act amending title 22, Virgin Islands Code, chapter 3 relating to annual rate changes for medical malpractice liability insurance and amending title 27, Virgin Islands Code, chapter 1 by increasing the limitation on recovery in medical malpractice actions from $250,000 to $400,000; designating the records and testimony gathered by quality improvement committees as confidential; and establishing additional requirements for filing medical malpractice claims

2025-2026 Regular Session

Bill increases medical malpractice damages cap from $250,000 to $400,000 and shields quality improvement committee records from legal discovery while adding new claim filing requirements.

Introduced
0
WeVote Research Nonpartisan
Bill Summary · 36-0048

Legislative bill overview

Bill 36-0048 modifies Virgin Islands medical malpractice law in three main ways: it increases the damage cap for medical malpractice lawsuits from $250,000 to $400,000, establishes confidentiality protections for quality improvement committee records, and implements new procedural requirements for filing malpractice claims. The bill also addresses how medical malpractice insurance rates can be adjusted annually.

Why is this important

Medical malpractice caps directly affect how much compensation injured patients can recover, while confidentiality protections for quality improvement committees influence healthcare providers' willingness to conduct internal safety reviews. These changes balance patient access to compensation against healthcare cost management and provider accountability incentives.

Potential points of contention

  • Adequacy of damage cap increase: Whether raising the cap from $250,000 to $400,000 sufficiently compensates severely injured patients, or if it remains too restrictive for catastrophic injury cases
  • Confidentiality shield scope: Concerns that protecting quality improvement committee records from discovery could prevent injured parties from accessing evidence of systemic safety failures or patterns of negligence
  • Insurance premium impacts: Healthcare providers argue confidentiality and procedural changes will lower insurance costs, but patients' advocates may contend these protections reduce accountability that drives safety improvements
  • New filing requirements burden: Additional procedural requirements could delay legitimate claims or disadvantage unrepresented plaintiffs seeking compensation

Compiled from official sources — confirm details with the bill’s official record.

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