The Effects of Liability Caps on The Public

Each state carries its own limits when it comes to a liability cap for medical malpractice, some more generous than others. In Virginia, our medical malpractice liability cap is set at $2 million, which seems like a large sum until you look at the details of a serious malpractice claim.

Expenses and losses can add up quickly when calculating damages from a medical malpractice claim. How would you like to be a grieving family suffering the unexpected loss of a family member from malpractice, only to find that a liability cap is preventing your family from collecting the appropriate damages to cover these expenses?

When laws like liability caps are created they take into consideration the general, projected effect they will have on the people governed by these laws. Unfortunately, the only way to determine how effective (or ineffective) these laws are is with trial and error and time. We don't get the specific cases we can cite until someone-or multiple parties-experience the negative effects of a liability cap.

Regrettably, in my years as a Virginia medical malpractice attorney, I've seen my fair share of families devastated by the injury or loss of a loved one as a result of malpractice. I've also bore witness to several cases settling above the Virginia $2 million liability cap that are shorted at the end to comply with this law. Being awarded a fair settlement only to have it snipped off by the liability cap is just plain cruel to these families.

While I'm by no means a proponent of frivolous lawsuits, I do see many instances of how the Virginia liability cap for medical malpractice harms well-deserving families. My article on liability caps gives the basics of what they are and how they affect lawsuits. 

Understanding liability caps is important when you are seeking to file a lawsuit, especially for medical malpractice. Virginia medical malpractice attorney Ben Glass has been fighting to help victims in the Virginia and D.C. areas for their medical malpractice claims. For more information, contact us today - 703-591-9829.