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

States Weigh the Merits of Medical Malpractice Caps

The 7th Amendment to the Constitution guarantees your right to trial by jury.  You would think that means that if you are injured due to medical malpractice, your damages will be determined by a jury of your peers.  Well that is not always true in Virginia and a number of other states.  Virginia has a cap on damages currently at $2,000,000 for medical malpractice cases.  Other states like Colorado and Nevada limit the amount that you can recover for pain and suffering to $300,000 and $350,000 respectively.  In other words no matter how badly injured you are you can not recover more than a set amount. 

Fortunately states are starting to rethink the merits of medical malpractice caps.  Nevada and Colorado are considering raising their caps.  Virginia's General Assembly is likely to consider raising the cap in the next session. 

At Williamson & Lavecchia, L.C. we believe our clients should be fully compensated for their injuries without the constraints of a medical malpractice cap.  For more information please click here to visit our Medical Malpractice section of our website.

Regards,

Joshua Silverman