THE AMERICAN WAY: A Plea for Responsibility and Accountability under the Law for All

Fight Tort Reform

Author: Attorney Malcolm P. McConnell, III

How important to you are traditional American values?  Do you believe that America rose to greatness due to hard work, self-reliance and personal accountability? Do you believe that for America to remain great, we must preserve these values as individuals and as a nation?

Of course you do.  So do I.

We teach our children, "You break it, you bought it."  We teach them to clean up their messes.  We teach them to pay their debts and accept responsibility for their mistakes.  We hope that by teaching them these values of personal accountability, they will grow into responsible, mature contributing members of society.  We also hope…

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Medical Malpractice "Reform" - Caps are Charity for Corporations

 Author: Attorney Malcolm "Mic" P. McConnell, III

Virginia was one of the first states in America to enact special protection for negligent health care providers at the expense of their victims.  In 1976, the General Assembly enacted a $750,000 "cap" on recovery in medical malpractice cases (Virginia Code Section 8.01-581.15).  Since its beginning, the "cap" has been increased and currently stands at $2,000,000.00.  Recent legislation will increase the cap by $50,000 per year for the next twenty years.

The "cap" does not limit meritless malpractice cases.  It affects only legitimate, meritorious, proven cases.  Moreover, the "cap" does not affect victims whose injuries are relatively…

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General Assembly Overrides Medical Malpractice Veto to Raise the State Cap on Med Mal Awards

  Introduction by Attorney of Malcolm P. "Mic" McConnell, III

Virginia is the cradle of American democracy.  That proud heritage was exemplified on April 6, 2011 when the General Assembly overrode Governor McDonnell's veto of HB 1459.  HB 1459 represented lawmaking at its best:  people governing themselves.  For years now, lawyers who speak for the victims of medical malpractice have been at odds with the Medical Society of Virginia and the Virginia Hospital Association regarding the rights of victims and the protection of wrongdoers.  Yet, over the past two years, these three groups have been working and cooperating to reach a compromise that will continue to offer protection to health care providers…

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The Myth of "Frivolous Medical Malpractice Lawsuits"

Authors:  Attorneys Malcolm P. McConnell, III and R. Clayton Allen

A recurring theme in the call to "reform" medical malpractice litigation is finding a way to curb "frivolous"[1] claims.  In his recent State of the Union address, President Obama said:  " . . .I'm willing to look at other ideas to bring down costs, including one that Republicans suggested last year: medical malpractice reform to rein in frivolous lawsuits."

That's fine.  And harmless enough, I suppose.  I say "harmless," because of this simple fact:  there is no crisis caused by frivolous medical malpractice lawsuits.  I know this for an indisputable fact.  I know this because I have been a medical malpractice trial lawyer for…

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Tort Reform is Un-American

Author: Attorney Malcolm "Mic" P. McConnell, III

A common theme in American political rhetoric has always been the wisdom of the common man.  The Declaration of Independence states that a just government derives its powers from the consent of the governed.[1] Abraham Lincoln referred to our government as "OF the people, BY the people, and FOR the people."[2] We regularly hear politicians insist that power remain with individuals, because individuals can always do things better and smarter than Washington.  The worthiness of individual Americans to govern themselves is a sacred tenet and it is our patriotic duty to resist the expansion of government power at the expense of individual liberty and responsibility.…

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