8.01-581.15 - Limitation on recovery in certain medical malpractice actions. - Virginia Statutes

§ 8.01-581.15. Limitation on recovery in certain medical malpractice actions.

In any verdict returned against a health care provider in an action formalpractice where the act or acts of malpractice occurred on or after August1, 1999, which is tried by a jury or in any judgment entered against a healthcare provider in such an action which is tried without a jury, the totalamount recoverable for any injury to, or death of, a patient shall not exceed$1.5 million. The maximum recovery limit of $1.5 million shall increase onJuly 1, 2000, and each July 1 thereafter by $50,000 per year; however, theannual increase on July 1, 2007, and the annual increase on July 1, 2008,shall be $75,000 per year. Each annual increase shall apply to the act oracts of malpractice occurring on or after the effective date of the increase.The July 1, 2008, increase shall be the final annual increase.

Where the act or acts of malpractice occurred prior to August 1, 1999, thetotal amount recoverable for any injury to, or death of, a patient shall notexceed the limitation on recovery set forth in this statute as it was ineffect when the act or acts of malpractice occurred.

In interpreting this section, the definitions found in § 8.01-581.1 shall beapplicable.

(Code 1950, §§ 8-654.8; 1976, c. 611; 1977, c. 617; 1983, c. 496; 1999, c.711; 2001, c. 211.)