The medical malpractice cap limits the monetary recovery that an injured party or the beneficiaries of person who dies resulting from medical malpractice, can receive.
For negligence that occurs between July 1, 2008, through June 30, 2012, the cap is $2.00 million. For negligence that occurs between July 1, 2012, through June 30, 2013, the cap is $2.05 million.
This cap applies regardless of whether the person had incurred medical bills in excess of the cap, and/or whether the person has sustained total damages in an amount in excess of the cap. The cap is the absolute maximum recovery.
In my opinion the cap is unfair and unconstitutional. However, the Supreme Court of Virginia has previously upheld its constitutionality. If you believe it is unfair, contact your local politician today and voice your opinion.
If you or a loved one has been injured through medical malpractice in Virginia, don’t hesitate to call me at (540) 777-4900.
