What is the potential liability in a medical malpractice case in Virginia?
For acts of medical malpractice that occurred on or after July 1, 2008, damages are capped at $2 million dollars. Acts of medical malpractice that occurred before July 1, 2008 are also capped but at lesser amounts depending on the year in which the act occurred because the state law gradually increased the cap to the $2 million dollar limit. Punitive damages are limited to $350,000 in Virginia and that limit has found to be constitutional by the courts.
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