Author: Attorney Malcolm "Mic" P. McConnell, III
Virginia was one of the first states in America to enact special protection for negligent health care providers at the expense of their victims. In 1976, the General Assembly enacted a $750,000 "cap" on recovery in medical malpractice cases (Virginia Code Section 8.01-581.15). Since its beginning, the "cap" has been increased and currently stands at $2,000,000.00. Recent legislation will increase the cap by $50,000 per year for the next twenty years.
The "cap" does not limit meritless malpractice cases. It affects only legitimate, meritorious, proven cases. Moreover, the "cap" does not affect victims whose injuries are relatively…