| Virginia
Medical Malpractice LegislationHOUSE
BILL NO. 1544
Offered January 12, 2005
Prefiled November 30, 2004
A
BILL to amend the Code of Virginia by adding a section numbered 8.01-581.15:1,
relating to medical malpractice.
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Patrons-- Frederick, Landes
and Reid
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Referred to Committee for Courts of Justice
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Be
it enacted by the General Assembly of Virginia:1.
That the Code of Virginia is amended by adding a section numbered 8.01-581.15:1
as follows: §
8.01-581.15:1. Noneconomic damages; limitation. A.
In any jury verdict returned against a health care provider in an action for medical
malpractice or in any judgment entered against a health care provider in such
an action that is tried without a jury, where the act or acts occurred on or after
July 1, 2005, the total amount of noneconomic damages, including attorneys' fees
incurred in obtaining noneconomic damages, that may be awarded shall not exceed
$250,000. 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 $250,000,
the future noneconomic damages shall be reduced first. There shall be no jury
instruction regarding this limitation. (See Virginia
Directory of Lawyer Resources). C.
As used in this section, "noneconomic damages" shall include but not
be limited to: physical and emotional pain, suffering, inconvenience, physical
impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of
society and companionship, and loss of consortium.
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