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2004 SESSION

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044014788
SENATE BILL NO. 216 Offered January 14, 2004 Prefiled January 12, 2004 A BILL to amend and reenact § 8.01-581.15 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 8.01-581.15:1, relating to limitations on recovery in medical malpractice actions and limitations on noneconomic damages. ---------- Patrons-- Potts and Hawkins ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1. That § 8.01-581.15 of the Code of Virginia is amended and reenacted and the Code of Virginia is amended by adding a section numbered 8.01-581.15:1 as follows:

§ 8.01-581.15. Limitation on recovery in certain medical malpractice actions.

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 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 $1.5 million. The maximum recovery limit of $1.5 million shall increase on July 1, 2000, and each July 1 thereafter by $50,000 per year; however, the annual increase on July 1, 2007, and the annual increase on July 1, 2008, shall be $75,000 per year. Each annual increase shall apply to the act or acts of malpractice occurring on or after the effective date of the increase. The July 1, 20082004, increase shall be the final annual 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.

In interpreting this section, the definitions found in § 8.01-581.1 shall be applicable.

§ 8.01-581.15:1. Noneconomic damages; limitation.

A. In any verdict returned against a health care provider in an action for malpractice where the act or acts occurred on or after October 1, 2004, that is tried by a jury or in any judgment entered against a health care provider in such an action that is tried without a jury, the total amount of noneconomic damages, if available, shall not exceed $500,000.

B. For the purposes of applying the limitation set forth in subsection A, future noneconomic damages shall not be discounted to present value. If separate awards are rendered for past and future noneconomic damages and the combined awards exceed $500,000, the future noneconomic damages shall be reduced first.

C. Any jury trying an action for malpractice shall not be informed about the maximum award for noneconomic damages.

D. As used in this section, "noneconomic damages" shall include physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium, and other related nonpecuniary losses.