Is There a Limit On Recovery In Malpractice Cases?
In the state of Virginia, there is currently a limitation. That limitation or “cap” is two million dollars as of 2011. That cap go up but as of 2011 it is fixed at that amount. The cap is an absolute limit meaning that no more than the cap can be recovered by a single patient regardless of how many defendants may be sued.
In the District of Columbia, there is no such limitation on damages. Doctors in that jurisdiction are treated the same as any other citizen; i.e., they can be made to pay as much as any other citizen who commits a wrong. However within the District of Columbia there is now a requirement that notice be given to health care providers before suit can be filed. The purpose of the notice requirement is to allow an opportunity for the parties to discuss settlement.
