Malpractice Cap
In Virginia there is currently a cap on damages in malpractice actions. As of 2011 the cap is $2,000,000.This cap is all inclusive, meaning that regardless of how many people are sued, the maximum amount that can be recovered is the cap. There is no medical malpractice cap in the District of Columbia.
The logic behind the cap is to control the cost of malpractice insurance premiums for health care providers.The evidence of whether it in fact has that effect is conflicting. Opponents of the cap maintain the insurance industry is the sole beneficiary of the cap and they do not pass these savings on to their policy holders in the form of lower premiums.Opponents of the cap also point out that the cap works an injustice in those cases where the plaintiff has actual medical care expenses and loss of income that exceeds the cap. They also point out that the effect of the cap is that the insurance companies will never make a settlement offer any where near the cap since they know that by going to trial their exposure is no more than the cap.
In Virginia the cap is currently the subject of proposed modifications and it may be subject to annual increases.
