The Commonwealth of Virginia’s cap on medical malpractice settlements is both surprising and confusing to many people. They want to know what a cap is, why the Commonwealth enacted it, and what it means for them. Medical malpractice suits can be relatively minor, or they can be very serious in terms of the harm sustained by both patient and the patient’s loved ones.
What is Virginia’s Cap on Medical Malpractice Settlements
Over half of the states have medical malpractice caps – that is, there is a cap that a plaintiff may recover in a medical malpractice suit.
Why are there caps in medical malpractice cases and not in other personal injury cases? The cynic in me says that the medical industry has a lot of money and that money goes to powerful lobbyists to get laws passed to help their industry. If caps are in place, that reduces insurance costs for the doctors and health care providers.
The “public policy” stated reason is that medical services are, of course, important to our society so the health care professionals “deserve” extra and exclusive legal protections to make sure that we have plenty of doctors and adequate health care availability.
At the Supreme Court of Virginia stated in Pulliam v. Coastal Emergency Servs. of Richmond, Inc., 257 Va. 1 (1999), the medical malpractice cap bears a reasonable and substantial relation to the General Assembly’s objective to protect the public’s health, safety, and welfare by insuring the availability of health care providers in the Commonwealth.
No other profession is treated this same “special” way. The constitutionality of the medical malpractice caps have been challenged in Virginia several times, but the Virginia Supreme Court has upheld the cap’s constitutionality.
What Does Virginia’s Cap on Medical Malpractice Settlements Mean for Me?
Virginia’s cap on medical malpractice settlements means that if you are harmed due to the illegal or negligent actions of a medical provider, you and your attorney may seek a financial settlement from the provider’s insurance company. The case might be resolved in a settlement before trial, in a settlement determined through mediation or arbitration, or in a court of law.
The amount of the settlement you may receive is limited to the amount of the cap set by Virginia for medical malpractice cases. The law states:
Section 8.01-581.15. Limitation on recovery in certain medical malpractice actions:
In any verdict returned against a health care provider in an action for malpractice where the act or acts of malpractice occurred on or after August 1, 1999, which is tried by a jury or in any judgment entered against a health care provider in such an action which is tried without a jury, the total amount recoverable for any injury to, or death of, a patient shall not exceed the following, corresponding amount:
August 1, 1999, through June 30, 2000 $ 1.50 million
July 1, 2000, through June 30, 2001 $ 1.55 million
July 1, 2001, through June 30, 2002 $ 1.60 million
July 1, 2002, through June 30, 2003 $ 1.65 million
July 1, 2003, through June 30, 2004 $ 1.70 million
July 1, 2004, through June 30, 2005 $ 1.75 million
July 1, 2005, through June 30, 2006 $ 1.80 million
July 1, 2006, through June 30, 2007 $ 1.85 million
July 1, 2007, through June 30, 2008 $ 1.925 million
July 1, 2008, through June 30, 2012 $ 2.00 million
July 1, 2012, through June 30, 2013 $ 2.05 million
July 1, 2013, through June 30, 2014 $ 2.10 million
July 1, 2014, through June 30, 2015 $ 2.15 million
July 1, 2015, through June 30, 2016 $ 2.20 million
July 1, 2016, through June 30, 2017 $ 2.25 million
July 1, 2017, through June 30, 2018 $ 2.30 million
July 1, 2018, through June 30, 2019 $ 2.35 million
July 1, 2019, through June 30, 2020 $ 2.40 million
July 1, 2020, through June 30, 2021 $ 2.45 million
July 1, 2021, through June 30, 2022 $ 2.50 million
July 1, 2022, through June 30, 2023 $ 2.55 million
July 1, 2023, through June 30, 2024 $ 2.60 million
July 1, 2024, through June 30, 2025 $ 2.65 million
July 1, 2025, through June 30, 2026 $ 2.70 million
July 1, 2026, through June 30, 2027 $ 2.75 million
July 1, 2027, through June 30, 2028 $ 2.80 million
July 1, 2028, through June 30, 2029 $ 2.85 million
July 1, 2029, through June 30, 2030 $ 2.90 million
July 1, 2030, through June 30, 2031 $ 2.95 million
In any verdict returned against a health care provider in an action for malpractice where the act or acts of malpractice occurred on or after July 1, 2031, which is tried by a jury or in any judgment entered against a health care provider in such an action which is tried without a jury, the total amount recoverable for any injury to, or death of, a patient shall not exceed $ 3 million. Each annual increase shall apply to the act or acts of malpractice occurring on or after the effective date of the increase.
Where the act or acts of malpractice occurred prior to August 1, 1999, the total amount recoverable for any injury to, or death of, a patient shall not exceed the limitation on recovery set forth in this statute as it was in effect when the act or acts of malpractice occurred.
Va. Code Ann. § 8.01-581.15 (Lexis Advance through the 2017 Regular Session)
Learn more about Medical Malpractice Claims.
If you or a loved one has been harmed due to the wrongdoing or negligence of a provider of medical services, you may be entitled to financial compensation. The trusted Virginia attorneys of Altizer Law, P.C., have been representing and helping those harmed through medical malpractice for more than 20 years. If you have, or think you may have, been harmed due to medical malpractice, call us today.
Related:
Medical Malpractice Payout Analysis (Infographic)
2016 Medical Malpractice Payout Analysis
Medical Mistakes: Third Most Common Cause of Death in the U.S.
