Virginia Medical Malpractice Laws

The limit on damages is $2.05 million for incidents that have occurred since July 1, 2012, and increases by $50,000 each year on July 31st. The statute of limitations is two years from the occurrence but no more than ten years. For a foreign object, the statute of limitations is one year from reasonable discovery. If fraud, concealment, or intentional misrepresentation is involved, one year from reasonable discovery if not filed within the two years. For minors under age 8, until the 10th birthday. There is joint and several liability. There is no limit on attorney fees. A settlement for a disabled person must be reviewed by the court and secured by a bond or insurance if it calls for periodic payments. There is the Virginia Birth-Related Neurological Injury Compensation Program. Any party may request a review by a medical malpractice review panel. The panel’s written opinion is admissible at trial but is not conclusive. Any party may call at trial any member of the panel (except the judge) to testify during trial. Every motion for judgment, counter-claim, or third party claim in a medical malpractice case (at the time of requested service of process or the defendant is requested to accept service) is deemed a certification that the claimant has obtained a qualified expert witness who has provided a written opinion in support of the claim.

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