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2011 SESSION
11100861DPatrons-- Albo, Armstrong, Garrett, Hope, Keam, O'Bannon, Rust and Stolle; Senator: Northam
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 August 1, 1999 July 1, 2012, 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 $2.05 million. The maximum
recovery limit of $1.5 $2.05 million shall increase
on July 1, 2000 2013,
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, 2008 2031, increase shall be the
final annual increase.
Where the act or acts of malpractice occurred prior to August 1, 1999 July 1, 2012, 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.