Virginia Code 8.01-581.15: Limitation on recovery in certain medical malpractice actions
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:
| a | August 1, 1999, through June 30, 2000 | $1.50 million |
| b | July 1, 2000, through June 30, 2001 | $1.55 million |
| c | July 1, 2001, through June 30, 2002 | $1.60 million |
| d | July 1, 2002, through June 30, 2003 | $1.65 million |
| e | July 1, 2003, through June 30, 2004 | $1.70 million |
| f | July 1, 2004, through June 30, 2005 | $1.75 million |
| g | July 1, 2005, through June 30, 2006 | $1.80 million |
| h | July 1, 2006, through June 30, 2007 | $1.85 million |
| i | July 1, 2007, through June 30, 2008 | $1.925 million |
| j | July 1, 2008, through June 30, 2012 | $2.00 million |
| k | July 1, 2012, through June 30, 2013 | $2.05 million |
| l | July 1, 2013, through June 30, 2014 | $2.10 million |
| m | July 1, 2014, through June 30, 2015 | $2.15 million |
| n | July 1, 2015, through June 30, 2016 | $2.20 million |
| o | July 1, 2016, through June 30, 2017 | $2.25 million |
| p | July 1, 2017, through June 30, 2018 | $2.30 million |
| q | July 1, 2018, through June 30, 2019 | $2.35 million |
| r | July 1, 2019, through June 30, 2020 | $2.40 million |
| s | July 1, 2020, through June 30, 2021 | $2.45 million |
| t | July 1, 2021, through June 30, 2022 | $2.50 million |
| u | July 1, 2022, through June 30, 2023 | $2.55 million |
| v | July 1, 2023, through June 30, 2024 | $2.60 million |
| w | July 1, 2024, through June 30, 2025 | $2.65 million |
| x | July 1, 2025, through June 30, 2026 | $2.70 million |
| y | July 1, 2026, through June 30, 2027 | $2.75 million |
| z | July 1, 2027, through June 30, 2028 | $2.80 million |
| aa | July 1, 2028, through June 30, 2029 | $2.85 million |
| ab | July 1, 2029, through June 30, 2030 | $2.90 million |
| ac | July 1, 2030, through June 30, 2031 | $2.95 million |
Terms Used In Virginia Code 8.01-581.15
- Health care: means any act, professional services in nursing homes, or treatment performed or furnished, or which should have been performed or furnished, by any health care provider for, to, or on behalf of a patient during the patient's medical diagnosis, care, treatment or confinement. See Virginia Code 8.01-581.1
- Health care provider: means (i) a person, corporation, facility or institution licensed by this Commonwealth to provide health care or professional services as a physician or hospital, a dentist, a pharmacist, a registered nurse or licensed practical nurse or a person who holds a multistate privilege to practice such nursing under the Nurse Licensure Compact, an advanced practice registered nurse, an optometrist, a podiatrist, a physician assistant, a chiropractor, a physical therapist, a physical therapy assistant, a clinical psychologist, a clinical social worker, a professional counselor, a licensed marriage and family therapist, a licensed dental hygienist, a health maintenance organization, or an emergency medical care attendant or technician who provides services on a fee basis; (ii) a professional corporation, all of whose shareholders or members are so licensed; (iii) a partnership, all of whose partners are so licensed; (iv) a nursing home as defined in § 54. See Virginia Code 8.01-581.1
- Malpractice: means any tort action or breach of contract action for personal injuries or wrongful death, based on health care or professional services rendered, or which should have been rendered, by a health care provider, to a patient. See Virginia Code 8.01-581.1
- Patient: means any natural person who receives or should have received health care from a licensed health care provider except those persons who are given health care in an emergency situation which exempts the health care provider from liability for his emergency services in accordance with § 8. See Virginia Code 8.01-581.1
- Statute: A law passed by a legislature.
- Verdict: The decision of a petit jury or a judge.
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 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.
Code 1950, §§ 8-654.8; 1976, c. 611; 1977, c. 617; 1983, c. 496; 1999, c. 711; 2001, c. 211; 2011, cc. 758, 759.