On January 13, 2021, Senate Bill 1107 was offered that is entitled “Limitation on recovery in certain Medical Malpractice actions,” which would eliminate the cap on the recovery in actions against health care providers for medical malpractice where the act or acts of malpractice occurred on or after July 1, 2021. The Bill is co-sponsored by a Republican senator and a Democratic senator.
§ 8.01-581.15 of the Code of Virginia would be amended and reenacted as follows:
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, and prior to July 1, 2021, 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 | |
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 2021, 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, there shall be no limit on 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.
A Virginia medical malpractice lawyer who had represented his neighbor after she had back surgery in 2015 during which her surgeon severed an artery in her stomach, causing her to code for 23 minutes during which her brain was deprived of oxygen resulting in catastrophic brain injury, helped push for the bipartisan Senate Bill. The Virginia medical malpractice jury had returned its verdict in the amount of $35.6 million, which included lifetime care and economic losses that totaled $9.3 million. However, under Virginia’s current law regarding caps on medical malpractice damages, the verdict was reduced to $2.2 million, which meant that the woman received no direct compensation for her injury.
The Virginia medical malpractice lawyer stated in support of Senate Bill 1107, “Medical malpractice insurance companies are happy with a system that imposes artificial limits on responsibility, but it’s unfair to medical malpractice victims. If someone is seriously injured due to negligence, the victim cannot get complete financial relief for their harms and losses. This ultimately places a burden on taxpayers who pay for the victims’ care through taxpayer-funded public health insurance.”
Source
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