Medical Malpractice Damages in Virginia

Medical Malpractice Damages – Virginia Damages Cap – Serious Injury

In Virginia medical malpractice cases, the liability or fault of the doctor, hospital or other health care provider is often apparent. For instance, if a sponge or other item of medical equipment is accidentally left in the patient during a surgery, the negligence is obvious. The more challenging aspect of such cases is damages. In Virginia, there is a cap on damages that may be awarded in medical malpractice case. Currently, the cap is $2,000,000.00. While this may seem like a lot of money, in serious injury cases, it is often not enough to ensure that the victim is compensated and taken care of in the future. For example, The cost of future care for a medical malpractice victim who is brain damaged or paralyzed may amount to several million dollars. On the other side of the equation, the costs involved in a medical malpractice action are significant and so unless the damages are significant, it may not be economically feasible to pursue the case. Probably the most significant cost involved is obtaining the services of an expert physician who can testify that there was a breach of the standard of care and thus establish a case of medical malpractice. I recommend that anyone who is interested in pursuing a case for medical malpractice contact an experienced attorney as soon as they realize they might have a claim


Francis P. Hajek
Wilson & Hajek, LLC, a personal injury law firm
Experienced Injury and Accident Lawyers
Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro