Recent Virginia News
June 2023 Newsletter
HCLA Pushes for Good Samaritan legislation in pandemic preparedness reauthorization As legislative hearings and markups were underway in Washington, D.C., earlier this month, the HCLA announced its support for including the language contained in the Good Samaritan...
New Bill Would Provide Greater Length of Time to Sue Doctors
A bill in the Maine legislature would have the medical malpractice statute of limitations clock start running when a patient discovers the negligence, which could be years after treatment took place. And other states could follow suit with similar bills. What danger...
December 2017 Newsletter
Year-end report sheds light on “Judicial Hellholes” The American Tort Reform Association (ATRA) end-of-year “Judicial Hellholes” report offers a public glimpse at the most unfriendly jurisdictions for those defending themselves against civil litigation, including...
Current Medical Liability Laws
| Damage Caps | Beginning July 1, 2024, $2.65 million cap on total damages. Cap will increase by $50,000 per year starting until the increases stop at $3 million for claims after July 1, 2031. |
| Joint Liability Reform | No. Each party is jointly and severally liable. |
| Collateral Source Reform | Under Virginia Code § 38.2-2201, recovery of “incurred” expenses are permitted under Medical Payments Coverage. An expense is not considered incurred if it is reduced by write-off, paid by a health insurer, or subject to the provider’s charitable forgiveness. |
| Attorney Fees Limited | None |
| Periodic Payments Permitted | Yes, but not mandatory. |