38.2-2228.2 - Certain medical malpractice claims to be reported to the Commission. - Virginia Statutes

§ 38.2-2228.2. Certain medical malpractice claims to be reported to theCommission.

All medical malpractice claims settled or adjudicated to final judgmentagainst a person, corporation, firm, or entity providing health care, and anysuch claim closed without payment during each calendar year shall be reportedannually to the Commission by the insurer of the health care provider. Thereports shall not identify the parties. The report shall state the followingdata, to the extent applicable, in a format prescribed by the Commission:

1. The nature of the claim and damages asserted;

2. The principal medical and legal issues;

3. Attorneys' fees and expenses paid in connection with the claim or defense,to the extent these amounts are known;

4. Attorneys' fees and expenses reserved in connection with the claim ordefense;

5. The amount of the settlement or judgment awarded to the claimant to theextent this amount is known;

6. The specialty of each health care provider;

7. The date the claim was reported to the company;

8. The date the loss occurred;

9. The date the claim was closed;

10. The date and amount of the initial reserve;

11. The amount of loss paid by the insurer if different from the amount ofsettlement or judgment awarded to the claimant; and

12. Any other pertinent information the Commission may require as isconsistent with the provisions of this section.

The report shall include a statistical summary of the information collectedin addition to an individual report on each claim. The report shall besubmitted in an electronic format. Statistical summaries and individualclosed claim reports shall be a matter of public record, except that datareported under item 10 shall, at the request of the reporting insurer, not bedisclosed in the public record.

The report shall be filed electronically by July 1 of the year following theapplicable calendar year; however, a report with data for calendar years2002, 2003, and 2004 shall be filed by September 1, 2005.

(2005, cc. 649, 692.)