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.
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