As used in this subchapter except where otherwise provided— (a) “Government agency” means any governmental entity, board, bureau, commission, department, agency, division, authority, office, or agent, or semi-private governmental entity receiving governmental funds for its operation in whole or in part, or any entity having bonding authority under the Virgin Islands Government in whole or […]
To be qualified under the provisions of this subchapter, a health care provider must be covered by the Government of the Virgin Islands, Department of Health’s Self-Insurance Retention Program or any other insurance policy as provided for in section 166e of this Title.
(a) The total amount recoverable for any injury of a patient may not exceed two hundred and fifty thousand dollars ($250,000) per occurrence. (b) The only damages which may be awarded in an action under this subchapter are the following: (1) economic damages; and (2) noneconomic damages. (c) The total amount awarded for noneconomic damages […]
A patient’s claim for compensation under this subchapter is not assignable.
(a) No claim, whether in contract or tort, may be brought against a health care provider based upon professional services or health care rendered or which should have been rendered unless filed within two (2) years from the date of the alleged act, omission or neglect except that for such a claim against a health […]
(a) The Commissioner of Health is hereby authorized and directed to procure a group insurance policy which shall cover the cost of Professional Liability Insurance for health care providers as defined in section 166(c) of this subchapter. Health care providers who engage in private practice and who participate in the group insurance policy procured by […]
(a) A contingency fee for an attorney representing a plaintiff prosecuting a medical malpractice claim shall not exceed twenty-five percent (25%). (b) The limit on an attorney’s contingency fee required by this section is subject to the discretion of the court to increase or decrease said percentage.
(a) All malpractice claims settled or adjudicated to final judgment shall be reported to the Commissioner of Health by the plaintiff’s attorney and by the health care provider or his insurer within sixty (60) days following final disposition of the claim. The report to the Commissioner of Health shall state the following: (1) nature of […]
(a) Any provision in a policy attempting to limit or modify the liability of the insurer contrary to the provisions of this subchapter is void. (b) The policy procured pursuant to section 166e of this subchapter is deemed to include the following provisions, and any change which may be occasioned by legislation adopted by the […]
(a) There is established within the Office of the Commissioner of Health a Medical Malpractice Action Review Committee (referred to in the rest of this section as “the Committee”) the purpose of which shall be to arrange for expert review of all malpractice claims before actions based upon such claims are commenced in court. The […]
(a) Any health care provider, including a facility or institution, may file a counterclaim against a person filing a complaint under this chapter, alleging that the complaint filed is frivolous. If the court finds that the complaint is frivolous it may award to the successful party court costs, including reasonable attorneys fees not exceeding ten […]
(a) In any action tried under this subchapter the court shall instruct the jury that if the jury finds a verdict awarding damages it shall in its verdict specify the applicable elements of economic and noneconomic damages upon which the award is based and the amount assigned to each element. The economic damages shall be […]
(a) The Legislature finds that there is a public need to improve the review of the quality of health care delivery and to improve the communication between the patient and health care provider. Therefore, there is established within the Office of the Commissioner of Health a Health Care Consumer Complaint Review Committee (referred to in […]
The Medical Malpractice Action Review Committee and the Health Care Consumer Complaint Review Committee established by this subchapter shall each file a summary report of each calendar year’s activities by the first day of February of the next calendar year. A copy of the report shall be filed with the Governor and with the Legislature.
The provisions of this subchapter do not apply to any act of malpractice which occurred before the effective date of this subchapter.
