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1999 SESSION

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992268699
SENATE BILL NO. 1230 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee for Courts of Justice (Patron Prior to Substitute--Senator Marsh) Senate Amendments in [ ] -- February 9, 1999 A BILL to amend and reenact § 8.01-581.15 of the Code of Virginia, relating to limitation on recovery in medical malpractice actions.

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 any verdict returned against a health care provider in an action for malpractice where the act or acts of malpractice occurred on or after October 1, 1983 July 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, exclusive of any interest awarded, shall not exceed one $1.5 million dollars. The maximum recovery limit of $1.5 million shall increase on an annual basis by $50,000 [ and shall apply to the act or acts of malpractice occurring on or after July 1 of each year the increase is applied . ] This increase in the maximum limit recovery shall expire on July 1, 2009.

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