Frequently Asked Questions
Q: How much can I recover for my injuries in a medical malpractice case (medical malpractice cap)?
A: Virginia imposes a damages cap on all recoveries for bodily injury or death in medical malpractice cases. The medical malpractice cap is determined by the date the malpractice was committed. For an injury that occurs due to malpractice between July 1, 2008 and June 30, 2012, the plaintiff can recover up to $2,000,000. Starting July 1, 2012, the maximum amount that may be recovered will increase by $50,000 per year until the medical malpractice cap reaches $3,000,000 on July 1, 2031.
Va. Code § 8.01-581.15.
Virginia also imposes a limit on the amount of punitive damages that can be recovered. Punitive damages are capped at three hundred fifty thousand dollars ($350,000.00). Va. Code § 8.01-38.1. In medical malpractice cases, the punitive damages recovery must be contained within the medical malpractice cap. In other words, the damage caps set forth above represent the maximum recovery even if punitive damages are awarded in addition to compensatory damages.
