§ 8.01-581.15 — Limitation on recovery in certain medical malpractice actions

Virginia § 8.01-581.15

• Jurisdiction: Virginia
• Title 8.01: Civil Remedies and Procedure
• Ch. 21.1: MEDICAL MALPRACTICE
• Art. 2: MISCELLANEOUS PROVISIONS

Text

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:aAugust 1, 1999, through June 30, 2000$1.50 millionbJuly 1, 2000, through June 30, 2001$1.55 millioncJuly 1, 2001, through June 30, 2002$1.60 milliondJuly 1, 2002, through June 30, 2003$1.65 millioneJuly 1, 2003, through June 30, 2004$1.70 millionfJuly 1, 2004, through June 30, 2005$1.75 milliongJuly 1, 2005, through June 30, 2006$1.80 millionhJuly 1, 2006, through June 30, 2007$1.85 millioniJuly 1, 2007, through June 30, 2008$1.925 millionjJuly 1, 2008, through June 30, 2012$2.00 millionkJuly 1, 2012, through June 30, 2013$2.05 millionlJuly 1, 2013, through June 30, 2014$2.10 millionmJuly 1, 2014, through June 30, 2015$2.15 millionnJuly 1, 2015, through June 30, 2016$2.20 millionoJuly 1, 2016, through June 30, 2017$2.25 millionpJuly 1, 2017, through June 30, 2018$2.30 millionqJuly 1, 2018, through June 30, 2019$2.35 millionrJuly 1, 2019, through June 30, 2020$2.40 millionsJuly 1, 2020, through June 30, 2021$2.45 milliontJuly 1, 2021, through June 30, 2022$2.50 millionuJuly 1, 2022, through June 30, 2023$2.55 millionvJuly 1, 2023, through June 30, 2024$2.60 millionwJuly 1, 2024, through June 30, 2025$2.65 millionxJuly 1, 2025, through June 30, 2026$2.70 millionyJuly 1, 2026, through June 30, 2027$2.75 millionzJuly 1, 2027, through June 30, 2028$2.80 millionaaJuly 1, 2028, through June 30, 2029$2.85 millionabJuly 1, 2029, through June 30, 2030$2.90 millionacJuly 1, 2030, through June 30, 2031$2.95 millionIn 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.

In interpreting this section, the definitions found in § 8.01-581.1 shall be applicable.

Legislative History

Code 1950, §§ 8-654.8; 1976, c. 611; 1977, c. 617; 1983, c. 496; 1999, c. 711; 2001, c. 211; 2011, cc. 758, 759.