Health Justice Transformation - Virginia

The Center for Health Transformation closely follows and monitors health justice transformation efforts in all 50 states. The information listed below provides state-specific measures which have been adopted in each of the states. In order to assist key decision-makers and local leaders, we have provided detailed information on seven transformational areas commonly addressed in health justice transformation and civil justice reform legislation.

Caps on Non-Economic (Pain and Suffering) Damages

$1.5 million cap on total damages for acts occurring on or after August 1, 1999. This cap is increased by $50,000 annually until 2007. In 2007 and 2008, the cap is increased by $75,000.

Joint Liability for Multiple Defendants

No. Each party is jointly and severally liable.

Disclosure or Discoverability of Collateral Sources of Income or other Insurance Benefit

No

Provisions for the Periodic Payment of Damages Over Time Fees

Yes, but courts are not required to award payments on a periodic basis.

Limitation of Plaintiff’s Attorneys Fees

No

Provisions for Mandatory or Voluntary Arbitration and/or Mediation Procedures

Any party may request a review by a medical malpractice review panel whose decision shall be written and include an opinion stating whether the defendant met the standard of care and, if not, whether it was the proximate cause of damages. The panel's decision may be admissible as evidence but shall not be conclusive. Parties may agree to binding arbitration in advance of treatment, but the plaintiff must have the ability to opt out of the proceeding within 60 days after termination of treatment.

Standards for Expert Testimony/Witness

In a medical malpractice case, expert testimony is required to establish the standard of care. A witness shall be qualified to testify as an expert on the standard of care if he/she demonstrates expert knowledge of the standards of the defendant's specialty and of what conduct conforms or fails to conform to those standards and if he/she has had clinical practice in either the defendant's specialty or a related field of medicine within one year from the date of the alleged act or omission forming the basis for the action. Physicians licensed in Virginia or another state with similar educational and examination requirements are presumed qualified.