Public-domain · open source
OpenJurist

Va. Code Ann. § 8.01-581.15

Limitation on recovery in certain medical malpractice actions

Applied in 49 court decisions — leading case Kaiser-Georgetown Community Health Plan, Inc. v. Stutsman (1985)

Most recently applied in Doctor's Weight Loss Ctrs. v. Blackston (July 2024)

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

How often courts cite this section

19851990200020102020202450
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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.

Official source: Virginia Law Portal (LIS). Reproduced from public-domain Virginia statutes; confirm against the official source for the current text. Not legal advice.