Medical negligence is an issue affecting many people in Virginia. Patients who have been injured by medical negligence in Virginia can seek compensation, however state law determines and sometimes limits how much money can be awarded by a jury or a judge.
Virginia’s cap on medical malpractice is set by statute, and it applies even when a jury awards more. In this article, we will discuss what this cap is, how it changes over time, what type of damages it limits, and why it’s crucial to consult a Virginia medical malpractice attorney.
What Is Virginia’s Cap on Medical Malpractice?
The state of Virginia sets a total cap, which covers both economic and noneconomic damages. In this case, economic damages consist of medical bills and lost wages, and noneconomic damages – pain and suffering.
The cap always applies per patient, per malpractice claim, not per defendant, and is governed by Virginia Code § 8.01-581.15, per which it is a single maximum award for all damages combined (not just pain and suffering). It’s important to remember that anything a jury awards that is above the cap is automatically reduced by the court.
How Has Virginia’s Cap on Medical Malpractice Changed Over Time?
There has been an increase of the cap by $50,000 each year since 2012, which serves as an adjustment for inflation and rising medical costs. For example:
- $2.60 million for malpractice having occurred between July 1, 2023, and June 30, 2024.
- $2.65 million for malpractice having occurred between July 1, 2024, and June 30, 2025, and so on.
This scheduled annual increase will continue until 2031, when the cap will reach $3 million. This allows patients to have access to somewhat higher potential recoveries each year, but it still limits very large verdicts.
What Does Virginia’s Cap on Medical Malpractice Cover?
The state’s cap extends to all types of compensation patients might recover in a case of medical malpractice, including the following:
- Economic damages: lost wages, medical bills, and the cost of future care.
- Noneconomic damages: pain, suffering, emotional distress, and loss of enjoyment of life.
- Punitive damages: those are very rare in medical negligence cases and are typically only awarded when there has been gross, willful misconduct. Even if the latter were present, and punitive damages were awarded, the total recovery still cannot exceed the statutory cap.
Virginia’s cap on medical malpractice extends to multiple defendants too, for example hospitals and individual doctors.
The Implications for Patients and Healthcare Providers
Both injured patients and healthcare providers can be impacted in significant ways, for example:
- Patients: the limit applies to even the most serious injuries, such as birth injuries or permanent disabilities. This means that whatever a jury awards, it may not be enough to cover lifetime medical and care costs.
- Healthcare providers and insurers: financial predictability is ensured by the cap and helps keep malpractice insurance premiums more stable across the state.
Many malpractice claims are negotiated and settled with a figure in mind – a figure proportionate to what the statutory cap allows. This means many jury verdicts are reduced accordingly. Additionally, timing matters – the cap amount is dependent on when the malpractice occurred. That means the year of the incident controls the maximum recovery, not the filing or trial date.
Why Legal Guidance is Essential
If you have been injured in a case of medical negligence, seeking an experienced Virginia medical malpractice attorney is essential. They will investigate your circumstances and case, and will provide crucial information, such as whether your potential damages approach the cap, and when to file your claim – Virginia’s statute of limitations allows for 2 years, with some limited exceptions.
Additionally, your attorney will work with medical experts in building a strong case, which is instrumental in negotiating a settlement which is appropriate for your long-term needs.
At Hollingsworth PLLC, we understand that tragedy can affect us all, and we are committed to fighting for the full compensation our clients deserve. Contact us today, and one of our skilled medical malpractice attorneys will be in touch to discuss how the cap affects your case, and ultimately, protect your rights and secure the best possible outcome for your future needs.