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DAMAGE CAPS: Are most medical malpractice awards subject to a cap on damages?  If so, which damages are capped?

 

A: To the first question, yes.  In Virginia total damages are capped at $2 million for actions after July 1, 2008.  Prior to that date, the cap decreases in increments over time to a cap of $1 million for actions prior to August 1, 1999.  Punitive damages are capped at $350,000.

It is possible to sue a physician's professional association in which case the damages are not capped but this is difficult to do.


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