Current News- Virginia and North Carolina

Virginia Doctors, Attorneys Agree on Medical Malpractice Cap


Posted on Jan 20, 2011

While many feel that a cap on medical malpractice lawsuits limits the victims ability to be properly compensated for injuries, illness or death, others say that without a cap doctors cannot afford to work in Virginia.  The debate has continued for some time, but the Medical Society of Virginia and the Virginia Trial Lawyers Association have finally come to an agreement that they both believe is fair to both injured patients and doctors.

Currently, the medical malpractice cap is frozen at $2 million.  The new deal will allow for a $50,000 increase each year beginning in 2012 and ending in 2031.  Both doctors and attorneys hope that the increase will keep pace with inflation and the rising cost of medical care without making any drastic changes to doctors' medical malpractice insurance rates. 

Virginia law concerning medical malpractice is unique in several ways.  The Virginia Birth-Related Neurological Injury Compensation Program is set up to pay for the lifetime medical expenses of children who are injured during birth.  This program keeps these cases out of the court system and helps ensure proper compensation for the child and their family.  In addition, Virginia limits both economic and non-economic awards in malpractice suits.  Larry Smart, president of the Physician Insurers Association of America, believes that these factors allow for moderate insurance costs for doctors who choose to practice in Virginia. 

The medical malpractice attorneys at Tavss Fletcher are glad to hear that an agreement has been reached.  We hope that those injured or made ill during a medical procedure or due to a medication mistake are able to continue to seek reasonable compensation for their injuries or illness. 

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