There are caps on the amount of money one can recover from a medical malpractice action in many states, and they vary from one to another.
In the state of Virginia, there is currently a limitation on recovery in medical malpractice actions. That limitation or “cap” is two million dollars as of 2011. That cap goes 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 reports medical malpractice lawyer Brien Roche. The cap was implemented years ago to address what was perceived as the medical malpractice crisis to keep down malpractice premiums for Virginia physicians.Virtually every medical malpractice lawyer in Virginia fought the cap on the grounds that it deprived injured persons of the right to a full recovery.
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.
Legal answers provided by Brien Roche, a medical malpractice lawyer with over 35 years of trial experience. Contact Us today to discuss your malpractice matter.
For more information on medical malpractice see the pages on Wikipedia.