Medical malpractice occurs when a medical provider’s negligence harms a patient. This negligence could involve a surgical error, a misdiagnosis, or a failure to diagnose an illness or condition. In Virginia, victims of medical malpractice can seek compensation for their injury by filing a claim against the at-fault medical provider. However, the compensation available in medical malpractice claims is not unlimited.
Types of Damages Available in Medical Malpractice
The damages you can seek compensation for in a medical malpractice claim fall into economic and non-economic categories. Economic damages cover your quantifiable monetary losses, while non-economic damages cover intangible losses.
Economic damages available for medical malpractice include:
- Past and future medical expenses for hospital stays, surgeries, treatments, prescriptions, and more
- Lost wages and loss of future earning capacity
Non-economic damages available include:
- Pain and suffering caused by your injuries
- Emotional distress you experience because of your injuries
- Loss of enjoyment of life
- Loss of consortium
Caps on Compensation in Virginia
Virginia law limits the amount of money a medical malpractice claimant can recover through a jury trial. Beginning July 1, 2024, the limit on compensation available is $2.65 million. Each year, the cap will increase by $50,000, up to a maximum of $3 million, beginning on July 1, 2031.
Keep in mind that the cap on your compensation award depends on when your injury occurred, not when the jury reached a verdict. If your injury happened in June 2024, your cap would be $2.60 million, even if you were to win your medical malpractice case within the next cap increase cycle.
How Caps Can Impact Your Claim
Awards in jury trials for medical malpractice can be high because of the duty of care medical professionals must provide and the severe impact malpractice can have on a victim’s life. However, the compensation caps apply to both economic and non-economic damages combined.
While it’s true that $2.65 million is a lot of money, the medical costs incurred by a victim of medical malpractice can quickly skyrocket. For example, you might need additional surgeries to correct problems introduced by the malpractice. Your injuries might also leave you requiring lifelong treatment or caretaking, which can get expensive depending on your age.
Maximizing Your Medical Malpractice Claim
There are a few things you can do to maximize your medical malpractice compensation award, and an experienced attorney can assist you.
First, document your injuries by photographing them and keeping a pain journal. A pain journal is a notebook in which you write how you’re feeling each day due to your injuries and how they impact your day-to-day activities.
Second, keep track of all medical treatments, prescriptions, and surgeries you need for the injury you suffered due to medical malpractice. This includes obtaining copies of your medical records and bills and discussing the future of your treatment with your doctors to get an accurate assessment of your future costs.
Third, you must file your medical malpractice claim within the two-year deadline imposed by Virginia’s statute of limitations. Failure to file your claim within this period may result in the courts rejecting it. There will also be other deadlines throughout the legal process that an attorney can assist you with.
Finally, you’ll need representation during settlement negotiations and at trial. The medical provider’s insurance company will have a team of lawyers, so you should have an attorney of your own. Your lawyer will know how to fight for the full compensation you deserve.
Contact a Virginia Medical Malpractice Attorney Today
If you suffered an injury due to medical malpractice, contact Simeone & Miller LLP for a free consultation. Our skilled team will evaluate your claim, explain your legal options, and answer your questions. We’re here to provide the legal support you need as you move forward following an injury.
Simeone & Miller LLP, based in Washington, D.C., also provides legal services across Maryland and Virginia. In Maryland, our services extend to Baltimore City, Prince George’s County, Montgomery County, Howard County, and Anne Arundel County. In Virginia, we serve clients in Arlington County, Alexandria, Fairfax County, Fairfax City, Falls Church, Loudoun County, Prince William County, Manassas, and Manassas Park.
