Virginia Medical Malpractice Legislation

HOUSE 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.