Bill Text: VA SB493 | 2024 | Regular Session | Prefiled
Bill Title: Medical malpractice; limitations on recovery, certain actions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-02-08 - Failed to report (defeated) in Finance and Appropriations (6-Y 9-N) [SB493 Detail]
Download: Virginia-2024-SB493-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §8.01-581.15 of the Code of Virginia is amended and reenacted as follows:
§8.01-581.15. Limitation on recovery in certain medical malpractice actions.
In A. Except as provided in subsection B, any
verdict returned against a health care provider in an action for malpractice
where the act or acts of malpractice occurred on or after August 1, 1999, which
is tried by a jury or in any judgment entered against a health care provider in
such an action which is tried without a jury, the total amount recoverable for
any injury to, or death of, a patient shall not exceed the following, corresponding amount:
|
August 1, 1999, through June 30, 2000 |
$1.50 million |
|
|
July 1, 2000, through June 30, 2001 |
$1.55 million |
|
|
July 1, 2001, through June 30, 2002 |
$1.60 million |
|
|
July 1, 2002, through June 30, 2003 |
$1.65 million |
|
|
July 1, 2003, through June 30, 2004 |
$1.70 million |
|
|
July 1, 2004, through June 30, 2005 |
$1.75 million |
|
|
July 1, 2005, through June 30, 2006 |
$1.80 million |
|
|
July 1, 2006, through June 30, 2007 |
$1.85 million |
|
|
July 1, 2007, through June 30, 2008 |
$1.925 million |
|
|
July 1, 2008, through June 30, 2012 |
$2.00 million |
|
|
July 1, 2012, through June 30, 2013 |
$2.05 million |
|
|
July 1, 2013, through June 30, 2014 |
$2.10 million |
|
|
July 1, 2014, through June 30, 2015 |
$2.15 million |
|
|
July 1, 2015, through June 30, 2016 |
$2.20 million |
|
|
July 1, 2016, through June 30, 2017 |
$2.25 million |
|
|
July 1, 2017, through June 30, 2018 |
$2.30 million |
|
|
July 1, 2018, through June 30, 2019 |
$2.35 million |
|
|
July 1, 2019, through June 30, 2020 |
$2.40 million |
|
|
July 1, 2020, through June 30, 2021 |
$2.45 million |
|
|
July 1, 2021, through June 30, 2022 |
$2.50 million |
|
|
July 1, 2022, through June 30, 2023 |
$2.55 million |
|
|
July 1, 2023, through June 30, 2024 |
$2.60 million |
|
|
July 1, 2024, through June 30, 2025 |
$2.65 million |
|
|
July 1, 2025, through June 30, 2026 |
$2.70 million |
|
|
July 1, 2026, through June 30, 2027 |
$2.75 million |
|
|
July 1, 2027, through June 30, 2028 |
$2.80 million |
|
|
July 1, 2028, through June 30, 2029 |
$2.85 million |
|
|
July 1, 2029, through June 30, 2030 |
$2.90 million |
|
|
July 1, 2030, through June 30, 2031 |
$2.95 million |
In any verdict returned against a health care provider in an action for malpractice where the act or acts of malpractice occurred on or after July 1, 2031, which is tried by a jury or in any judgment entered against a health care provider in such an action which is tried without a jury, the total amount recoverable for any injury to, or death of, a patient shall not exceed $3 million. Each annual increase shall apply to the act or acts of malpractice occurring on or after the effective date of the increase.
Where the act or acts of malpractice occurred prior to August 1, 1999, the total amount recoverable for any injury to, or death of, a patient shall not exceed the limitation on recovery set forth in this statute as it was in effect when the act or acts of malpractice occurred.
B. The limitations provided by subsection A shall not apply to any verdict returned against a health care provider in an action for malpractice where the act or acts of malpractice occurred on or after July 1, 2024, and occurred against a patient age 10 or younger.
C. In interpreting this section, the definitions found in §8.01-581.1 shall be applicable.
