One of the Many Problems with Virginia’s Medical Malpractice Liability Cap
If you have read this blog before, you are aware of the numerous people who have become “victims” of Virginia’s statutory cap on medical malpractice damages. Take the case of Carol Johnson, as an example. Ms. Johnson was awarded a $2.5 million jury verdict for an undiagnosed medical condition. Due to the cap on damages, her award was reduced to $1,650,000.
Don’t make the mistake of believing that this Virginia medical malpractice lawsuit is isolated – there are many more like it where the victims are robbed by the med mal cap, including the cases of Hector Alvarez and Rita Talbert.
Medical malpractice plaintiffs end up becoming victims twice. They are first victimized by the negligence of their medical providers, but then they become victims again when their compensation is limited.
Liability caps are impacting the people who are hurt by medical malpractice and their family members. It is so frustrating to hear about cases where a jury decided, based on the evidence and arguments presented, what amount should be awarded, only to have the amount often cut in half.
You can read more about Virginia medical malpractice lawsuits in Ben Glass’s book, Why Most Medical Malpractice Victims Never Recover a Dime.