Virginia Medical Malpractice Blog - Williamson & Lavecchia, L.C.

Medical Malpractice Cap on Damages

Virginia has had a medical malpractice cap for approximately 30 years.  What that means is there is an arbitrary limit to the amount a victim of medical malpractice may recover regardless of how badly the victim was injured or the amount of medical bills or lost wages.  Currently the cap is $2,000,000. 

$2,000,000 is sufficient in most cases, but there are no exceptions to the cap.  In many cases the cap creates an incredible injustice.  Take the hypothetical example of a doctor or nurse who negligently overdoses a 40 year old patient on medications which cause a brain injury.  The patient remains hospitalized for 1-2 months and incurs medical expenses over $500,000.  He can no longer work at his job paying $50,000/year.  He will require in home care or permanent placement in a nursing home at a cost of over $50,000/year.  Therefore even without compensating him for his tremendous pain and loss of enjoyment of life, his medical bills and lost income exceed the maximum recovery under the Virginia:

$500,000 past medical expenses + $1,250,000 in lost income until age 65 + $1,750,000 in future medical bills (based on average life expectancy)

Total medical bills and lost income = $3.5 million

The victim under Virginia law can only collect $2,000,000 leaving him with $1.5 million in uncompensated medical bills and lost income.  Again we are not even taking into account his tremendous loss of enjoyment of life, dignity, pain, and suffering.

We believe that every person and every company should take responsibility for the consequences of their negligence including  doctors, nursing homes, hospitals, assisted living facilities, pharmacists, lawyers, truck drivers, contractosr, etc.

If you believe that you or a loved one is a victim of medical malpractice, you are welcome to contact us by phone at (804) 288-1661 or click here to contact us by email to discuss your legal rights.  We represent victims of malpractice and other types of wrongful conduct throughout Virginia including Richmond, Petersburg, Fredericksburg, Charlottesville, Hampton Roads, and northern Virginia.

Regards,

Josh Silverman

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