Virginia Medical Malpractice Lawyer Comments On Malpractice Cap. As a Charlottesville personal injury lawyer and attorney, I get a lot of calls about potential Virginia medical malpractice cases. Most medical malpractice victims are not aware that Virginia has a cap on medical malpractice damages. Currently, the cap is 2 million dollars. While this sounds like a lot of money, if the medical malpractice victim has medical bills of 2.5 million dollars, the cap still applies. It is an absolute limit on damages. As a result, bankruptcy may be the only option for the Virginia medical malpractice victim. The medical malpractice cap has been in effect since 1976. Most medical malpractice attorneys and lawyers look at the cap as a license that has been given to insurance companies, a license to gamble. Medical malpractice insurance companies know that their exposure is limited to the cap and so they can always gamble that they will do better than the cap amount in every case by just letting a judge or jury decide the damages. Even if the medical malpractice is the result of errors by several doctors and a hospital, the cap applies to all defendants in the case so that the most that can be recovered is the cap amount. Challenges to the cap on constitutional grounds have been rejected by the Virginia Supreme Court. 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, Greene, Augusta, Staunton, Waynesboro