Medical Malpractice Birth Injury

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Posted on May 09, 2008

Limits on damages in medical malpractice cases hurt the most severely injured patients.

Virginia's cap on medical malpractice lawsuits hurts the most significantly injured victims.  As The Richmond Times reported, a family whose son suffered neurological injuries, cerebral palsy and brain damage recently settled their birth trauma malpractice case after a 7 year legal fight. 

At the time of the child's birth, the medical malpractice cap was $1.6 million.  The limit the law sets increases slightly every year, and for malpractice injuries or deaths that occurred in 2018 is $2.3 million until June 30th and $2.35 million as of July 1st. 

Is that enough to cover lifetime medical care for a severely brain damaged child who will never live independently?  How about to replace a family's income when a young mom or dad's death is caused by medical negligence?

Is it fair that if a doctor is hit by a car in the hospital parking lot after surgery that he can sue the driver for $5 million or $10 million, and recover whatever is necessary to make up for his harms and losses, but if his patient suffered the exact same injuries in the hospital, the patient could only recover $2.3 million?

The limit or cap on recovery also applies to interest and punitive damages and applies even if more than 1 healthcare provider was responsible for the patient's injuries or death.

If you're like most people, you have questions about whether a medical malpractice case in Virginia can help you or your family - so order one of our free guides, books or reports to get the information you need.  They are all free, no obligation and will be sent right to you.  Or call us at (202) 393 - 3320 and we can try to help you get the answers you're looking for.




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Frank R. Kearney, Attorney-at-Law
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Experienced DC Workers' Comp, Long Term Disability & Accident Lawyer