Code of Virginia

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Code of Virginia
Title 8.01. Civil Remedies and Procedure
Chapter 21.1. Medical Malpractice
9/17/2024

§ 8.01-581.15. Limitation on recovery in certain medical malpractice actions.

In any verdict returned against a health care provider in an action for malpractice where the act or acts of malpractice occurred on or after August 1, 1999, which is tried by a jury or in any judgment entered against a health care provider in such an action which is tried without a jury, the total amount recoverable for any injury to, or death of, a patient shall not exceed the following, corresponding amount:

aAugust 1, 1999, through June 30, 2000$1.50 million
bJuly 1, 2000, through June 30, 2001$1.55 million
cJuly 1, 2001, through June 30, 2002$1.60 million
dJuly 1, 2002, through June 30, 2003$1.65 million
eJuly 1, 2003, through June 30, 2004$1.70 million
fJuly 1, 2004, through June 30, 2005$1.75 million
gJuly 1, 2005, through June 30, 2006$1.80 million
hJuly 1, 2006, through June 30, 2007$1.85 million
iJuly 1, 2007, through June 30, 2008$1.925 million
jJuly 1, 2008, through June 30, 2012$2.00 million
kJuly 1, 2012, through June 30, 2013$2.05 million
lJuly 1, 2013, through June 30, 2014$2.10 million
mJuly 1, 2014, through June 30, 2015$2.15 million
nJuly 1, 2015, through June 30, 2016$2.20 million
oJuly 1, 2016, through June 30, 2017$2.25 million
pJuly 1, 2017, through June 30, 2018$2.30 million
qJuly 1, 2018, through June 30, 2019$2.35 million
rJuly 1, 2019, through June 30, 2020$2.40 million
sJuly 1, 2020, through June 30, 2021$2.45 million
tJuly 1, 2021, through June 30, 2022$2.50 million
uJuly 1, 2022, through June 30, 2023$2.55 million
vJuly 1, 2023, through June 30, 2024$2.60 million
wJuly 1, 2024, through June 30, 2025$2.65 million
xJuly 1, 2025, through June 30, 2026$2.70 million
yJuly 1, 2026, through June 30, 2027$2.75 million
zJuly 1, 2027, through June 30, 2028$2.80 million
aaJuly 1, 2028, through June 30, 2029$2.85 million
abJuly 1, 2029, through June 30, 2030$2.90 million
acJuly 1, 2030, through June 30, 2031$2.95 million

In any verdict returned against a health care provider in an action for malpractice where the act or acts of malpractice occurred on or after July 1, 2031, which is tried by a jury or in any judgment entered against a health care provider in such an action which is tried without a jury, the total amount recoverable for any injury to, or death of, a patient shall not exceed $3 million. Each annual increase shall apply to the act or acts of malpractice occurring on or after the effective date of the increase.

Where the act or acts of malpractice occurred prior to August 1, 1999, the total amount recoverable for any injury to, or death of, a patient shall not exceed the limitation on recovery set forth in this statute as it was in effect when the act or acts of malpractice occurred.

In interpreting this section, the definitions found in § 8.01-581.1 shall be applicable.

Code 1950, §§ 8-654.8; 1976, c. 611; 1977, c. 617; 1983, c. 496; 1999, c. 711; 2001, c. 211; 2011, cc. 758, 759.

The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.