Bill Text: VA SB1107 | 2021 | Regular Session | Comm Sub
Bill Title: Medical malpractice; limitation on recovery.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2021-02-03 - Passed by indefinitely in Judiciary (12-Y 2-N) [SB1107 Detail]
Download: Virginia-2021-SB1107-Comm_Sub.html
Be it enacted by the General Assembly of Virginia:
1. That §8.01-581.15 of the Code of Virginia is amended and reenacted as follows:
§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:
|
August 1, 1999, through June 30, 2000 |
$1.50 million |
|
July 1, 2000, through June 30, 2001 |
$1.55 million |
|
July 1, 2001, through June 30, 2002 |
$1.60 million |
|
July 1, 2002, through June 30, 2003 |
$1.65 million |
|
July 1, 2003, through June 30, 2004 |
$1.70 million |
|
July 1, 2004, through June 30, 2005 |
$1.75 million |
|
July 1, 2005, through June 30, 2006 |
$1.80 million |
|
July 1, 2006, through June 30, 2007 |
$1.85 million |
|
July 1, 2007, through June 30, 2008 |
$1.925 million |
|
July 1, 2008, through June 30, 2012 |
$2.00 million |
|
July 1, 2012, through June 30, 2013 |
$2.05 million |
|
July 1, 2013, through June 30, 2014 |
$2.10 million |
|
July 1, 2014, through June 30, 2015 |
$2.15 million |
|
July 1, 2015, through June 30, 2016 |
$2.20 million |
|
July 1, 2016, through June 30, 2017 |
$2.25 million |
|
July 1, 2017, through June 30, 2018 |
$2.30 million |
|
July 1, 2018, through June 30, 2019 |
$2.35 million |
|
July 1, 2019, through June 30, 2020 |
$2.40 million |
|
July 1, 2020, through June 30, 2021 |
$2.45 million |
|
July 1, 2021, through June 30, 2022 |
$2.50 million |
|
July 1, 2022, through June 30, 2023 |
$2.55 million |
|
July 1, 2023, through June 30, 2024 |
$2.60 million |
|
July 1, 2024, through June 30, 2025 |
$2.65 million |
|
July 1, 2025, through June 30, 2026 |
$2.70 million |
|
July 1, 2026, through June 30, 2027 |
$2.75 million |
|
July 1, 2027, through June 30, 2028 |
$2.80 million |
|
July 1, 2028, through June 30, 2029 |
$2.85 million |
|
July 1, 2029, through June 30, 2030 |
$2.90 million |
|
July 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.
However, if the jury or judge, if such an action is tried without a jury, determines that there is (i) substantial or permanent loss or impairment of a bodily function, (ii) brain injury, (iii) substantial disfigurement, or (iv) any other special circumstance in the case that warrants a finding that imposition of such a limitation would deprive the plaintiff of just compensation for the injuries sustained, the limits on recovery as set forth in this section shall not apply, regardless of the limit that is in effect at the time of the verdict or judgment.
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.
