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Medical Malpractice Cap

Fairfax Injury Lawyer Brien Roche Addresses Medical Malpractice Cap

Brien Roche

In Virginia there is currently a cap on damages in medical malpractice actions. As of 2011 the cap is $2,000,000. This cap is all inclusive. Regardless of how many people are sued, the maximum amount that can be recovered is the cap. There is no malpractice cap in the District of Columbia.

The Real Beneficiary of the Malpractice Cap

The logic behind the malpractice cap is to control the cost of insurance premiums for health care providers. The evidence of whether it in fact has that effect is conflicting. Opponents of the cap maintain insurers are the sole beneficiary of the cap. It is unclear if they pass these savings on to their policy holders in the form of lower premiums. Also opponents of the cap say it is unjust where the plaintiff has medical expenses and loss of income that exceed the cap. They also say the effect of the cap is that the insurers will never make a settlement offer any where near the cap. In other words they know that by going to trial their exposure is no more than the cap. So why should they ever offer anything near the cap.

The cap has been challenged in Virginia. The Virginia Supreme Court has upheld the cap.The bases for challenge to the cap are that it deprives an injured plaintiff of his right to a jury trial. That is the cap invades the jury’s role of setting damages. There is also a due process argument. The cap takes from the injured party the opportunity to be fully compensated for injuries. This right is a property right. The taking of this right without fair compensation is a violation of due process. These arguments and others have all been rejected by the Virginia Supreme Court. In many other states those arguments have been the basis for overturning the cap.

Malpractice Cap Increases Each Year

In Virginia the cap increases each year. The cap is based on the year when the alleged malpractice occurred. If you have questions about medical malpractice feel free to call or write to Brien Roche. For more info about the cap see the other pages on this site.
For more info about medical malpractice see the pages on Wikipedia.

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Medical Malpractice Cap

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Contact Us For A Free Consultation