Get Burrell V Riverside Hospital Medical Malpractice Complaint - Virginia Bb

Virginia law imposes a maximum cap on the amount of damages a plaintiff can get in a medical malpractice case. In 2023, the cap on malpractice damages in Virginia is around $2.5 million in total damages. Each year, however, the damage cap increases automatically each year so by 2030 the damage cap will be $3 million.

The statute of limitations for medical malpractice in Virginia is two years from the date of injury in most cases. Va. Code Ann. § 8.01-243.

Simply put, the medical standard of care in any malpractice case is the level of conduct and performance that a reasonably prudent medical practitioner would be held to in their given practice or specialty in Virginia.

There are some limited exceptions to this two year rule. One is the continuing treatment rule: if you are receiving treatment from the same provider for the same condition, that may toll the statute of limitations. There are also more generally applicable rules that go beyond medical malpractice.

Under the continuing treatment rule, if there has been substantially uninterrupted treatment by the defendant, then suit must be filed within two years of the date of last treatment by the defendant health care provider for the same or a related condition.

In Virginia, the law outlines the $50,000 annual increases in medical malpractice caps each year until 2031, when the cap will be $3 million. These caps apply to all medical malpractice claims in the state for cases that are resolved through trial by jury or judge.