After lengthy negotiations between lawyers and doctors in the state of Virginia for a compromise on awards in medical malpractice lawsuits, a deal has apparently been reached that would raise the current cap on medical malpractice lawsuit damage awards in the state.
According to HamptonRoads.com, the Virginia Trial Lawyers Association and Medical Society of Virginia have agreed to a deal that would increase the current cap on payouts in medical malpractice lawsuits by $50,000 a year starting in 2012, which would raise the cap to $3 million by 2031.
Since 2008, Virginia's cap on such lawsuits has remained at $2 million. Leaders in the courts of justice committees in the state's General Assembly urged the trial lawyers and doctors to reach a deal on the state's medical malpractice lawsuit caps, and the two groups have gone back and forth for the past two years in attempt to reach an agreement.
Though members of the trial lawyers group say that they will never be content with a law requiring any type of cap on damage awards, both groups agree that they are happy to have made some type of progress.
The state of Virginia's cap on medical malpractice lawsuit awards was established in 1976 with an initial cap of $750,000, which has increased over time. The state also has the Virginia Birth-Related Neurological Injury Compensation Program which covers costs of medical care and assistance for a lifetime for those children affected by birth injury.
Virginia, which is one of only a few states that limit economic and non-economic awards in medical malpractice lawsuits, had one of the highest caps on awards of any state.
The Law Offices of Dr. Bruce G. Fagel and Associates can assist you with any questions about a potential medical malpractice case. Call our offices at (800) 541-9376 or visit us at www.fagellaw.com.
