Bill Text: VA SB771 | 2011 | Regular Session | Chaptered

Virginia Senate Bill 771 (Prior Session Legislation)

Bill Title: Remedies; increases cap on recovery in certain medical malpractice actions.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2011-04-06 - Governor: Acts of Assembly Chapter text (CHAP0759) [SB771 Detail]

Download: Virginia-2011-SB771-Chaptered.html

CHAPTER 759 An Act to amend and reenact § 8.01-581.15 of the Code of Virginia, relating to limitation on recovery in certain medical malpractice actions. [S 771] Approved April 6, 2011

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 $1.5 million. The maximum recovery limit of $1.5 million shall increase on July 1, 2000, and each July 1 thereafter by $50,000 per year; however, the annual increase on July 1, 2007, and the annual increase on July 1, 2008, shall be $75,000 per year. Each annual increase shall apply to the act or acts of malpractice occurring on or after the effective date of the increase. The July 1, 2008, increase shall be the final annual increase. 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.

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.