Imagine being a Virginia resident who suffers a devastating injury because of a preventable surgical error. The consequences are life-altering. You suffer from paralysis and chronic pain, and you need round-the-clock care for the rest of your life.
You file a medical malpractice claim, and after a lengthy legal battle, the jury reviews the evidence and awards you $5 million to cover the immense cost of long-term care, lost wages, and suffering.
But there’s a catch. Because of Virginia’s laws, that jury award is automatically reduced to only $2 million. That’s the maximum amount allowed under Virginia’s medical malpractice cap.
If you were that injured person, this cap is a blow to your future. You know that the funds you receive will run out, leaving you and your family struggling to cover the costs of your basic medical needs.
The attorneys at Shapiro, Washburn, & Sharp have witnessed the devastating effects of medical malpractice firsthand. Our attorneys have decades of experience with Virginia’s complex legal system and standing up for clients when the law limits what they can receive. If you have suffered because of medical negligence, call our Virginia Beach medical malpractice lawyers today at 833-997-1774 for a free consultation.
What is a Medical Malpractice Cap?
A cap in medical malpractice law refers to a legal limit on the amount of money a patient can receive in a lawsuit—even if a jury decides the victim deserves more. In most states, these caps typically apply only to non-economic damages, such as pain and suffering. In Virginia, however, the caps apply to the total damages, which include both economic (such as medical expenses and lost wages) and non-economic losses.
That means if a jury decides a person deserves and is entitled to $5 million to survive and recover, the law allows the victim to recover only $2 million.
How Does Virginia Handle Medical Malpractice Caps?
In Virginia, medical malpractice damage caps are governed by Virginia Code § 8.01-581.15, which establishes specific limits on awards in healthcare-related negligence cases. No matter how severe the injury or how much money the jury decides the victim should be awarded, the cap limits how much the person can receive.
According to the law, the cap increases incrementally each year.
- For injuries occurring between July 1, 2023, and June 30, 2024, the cap was $2.55 million.
- For injuries occurring between July 1, 2024, and June 30, 2025, the cap increased to $2.6 million.
- The cap will continue to increase by $50,000 each year until 2031 when it will reach a maximum of $3 million.
The cap applies to all damages combined. That means even if the victim proves they will need $3 million for future medical care—speaking of medical expenses only—they can still receive no more than $2.6 million under the current law if the injury occurred in 2024.
Why Do These Caps Exist?
Lawmakers who support medical malpractice caps typically argue that they help control healthcare costs by reducing malpractice insurance premiums that doctors and hospitals must pay. They also believe that when these premiums are reduced, so too are insurance premiums for patients reduced.
However, there is little evidence that these caps actually do this. In fact, according to a recent report by the Center for Justice and Democracy (CJ&D), medical malpractice caps can harm patient safety and increase healthcare costs:
“New studies by researchers in the field of medical malpractice confirm that ‘caps’ can lead to more medical errors and higher health care costs.”
CJ&D goes on to quote several studies that show caps are associated with an increase in adverse events (harm to patients), have no significant impact on Medicare Part A (hospital) spending, and lead to higher Medicare Part B (physician) spending. At the very least, the studies found no evidence that caps reduce healthcare spending.
The Human Cost of Damage Caps
While the benefits of caps on spending and costs remain questionable at best, the damages caps wreak on victims are clear.
For victims with catastrophic injuries requiring lifelong care, the difference between a jury’s assessment of their needs and the capped amount can mean the difference between receiving appropriate medical treatment and going without.
When the legal award is insufficient to cover these needs, families face impossible choices. They may be forced to deplete their savings, sell their homes, or rely on inadequate public assistance programs. Some victims have to settle for substandard care because they can’t afford anything better.
When a jury determines what is fair and the law overrules them, it sends a discouraging message to the public—that even if a medical provider’s negligence is proven beyond a doubt, the law will still protect them from full financial accountability.
What Options Do Families Have?
At Shapiro, Washburn, & Sharp, our legal team explores every possible avenue to help victims and their families get the resources they need, including the following.
Identifying Multiple Liable Parties
In some cases, more than one medical provider or facility is at fault. If we can file separate claims against different parties, they may not all be subject to the same cap.
Seeking Structured Settlements
A lump sum isn’t always the best solution for a patient. Structured settlements can provide a more consistent stream of income that helps manage long-term care.
Exploring Third-Party Claims
If a third party contributed to the victim’s injury—and that party is not covered by Virginia’s malpractice cap—we may pursue a separate lawsuit against that party. For example, suppose a patient undergoes surgery and suffers a permanent injury due to a malfunctioning surgical device. In that case, we may be able to file a separate claim against the device’s manufacturer.
Connecting Families with Helpful Resources
We help victims find community support systems, disability benefits, nonprofit aid, and healthcare planning specialists.
Pushing for the Highest Compensation
This includes aggressively pursuing every dollar allowable under the law.
How Can a Medical Malpractice Attorney Help?
At Shapiro, Washburn & Sharp, our experienced medical malpractice attorneys understand the challenges that Virginia’s damage caps create for victims and their families. Our team will fight relentlessly for every dollar of compensation you’re entitled to. If that’s not enough, we’ll help you explore other ways to protect your family and preserve your future.
If you or a loved one has been harmed by medical negligence, contact us at Shapiro, Washburn, & Sharp immediately. We will stand with you as we did for our retired client who died because of medical malpractice. We helped negotiate a $1.3 million settlement on behalf of her estate and beneficiaries.
Our offices are located in Virginia Beach, Portsmouth, Norfolk, Suffolk, Hampton, and Chesapeake.
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Since 1984, Jim St. Clair has fought and helped Virginia Beach personal injury clients overcome some of the most traumatic moments of their lives. Whether you have been in an accident caused by the fault of another or a victim of medical malpractice, the results can leave you profoundly damaged physically, mentally, and economically. You may be entitled to substantial compensation. Jim is a seasoned and experienced personal injury trial attorney with 40 years of experience. He graduated with honors from Creighton University School of Law in 1984 and then served in a prestigious federal law clerk position for the late U.S. District Judge J. Calvitt Clarke, Jr., in the United States District Court for the Eastern District of Virginia. Over several decades, Jim has enjoyed remarkable success advocating for injured clients and has won notable multimillion-dollar settlements and verdicts. He has tried cases in Virginia General District and Circuit Court and in the Eastern and Western District Virginia Federal Court. In one case that went up on appeal to the Supreme Court of Virginia, he convinced the court to change the law regarding the statute of limitations in Virginia medical malpractice “misdiagnosis” cases. Jim’s areas of Virginia personal injury law practice include medical malpractice, car and truck injury cases, dog bite injuries, and cases involving negligence at business premises. Within these areas of law, he has also successfully prosecuted numerous wrongful death actions. Outside the courtroom, Jim has served on the board of directors of the Better Business Bureau, taught as an adjunct professor for business law at Old Dominion University, instructed future paralegals at the American Institute of Paralegal Studies, and lectured Virginia attorneys on the subject of “insurance litigation in Virginia.” He is a member of the Virginia Trial Lawyers Association and the Virginia Beach Bar Association. If you have been impacted by the negligence of another, contact Jim St. Clair today for a free, confidential personal injury law consultation.
