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Caps On Medical Malpractice Damages: Do They Work?

by Chris Booberg on June 25, 2013

Recently, a jury in Hampton returned a verdict in excess of $25,000,000 in a case in which an individual proved that he was catastrophically injured as a result of a doctor's negligence. In spite of the fact that the evidence of both sides was heard by the jurors before they reached the result they believed was correct, the verdict will automatically be reduced to $2,050,000. This is because Virginia has a limit, or cap, on the amount of a verdict that can be returned in a medical malpractice claim.

This law was put in place because insurance companies complained that they could not afford to pay malpractice claims without increasing the premiums paid by doctors. The doctors and the insurance companies have powerful lobbies at the legislature and were able to convince lawmakers to enact a malpractice limit. Studies and experience have shown that malpractice caps have not always resulted in lower premiums for doctors. This article discusses experience with malpractice caps in various states: Medical Malpractice Damages Cap

Do you believe individuals should receive reduced verdicts in Virginia in order to protect insurance companies? We would like to hear your opinion on this controversial issue impacting injured people in Virginia.


There should not be a cap on what the doctor can be sued for since there is no cap on what my future medical costs will be. I am sure that the cost of my future medical care will far exceed what the current cap is in the state of VA. This law should be reconsidered. By Kelly Smith on June 25, 2013

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