The verdict, awarded against Barry Walter, M.D. and Virginia Surgery Associates, was later reduced to $1.85 million to comply with Virginia’s “doctor and insurance company protection” law.

The patient was a single mother who left a 17 year old daughter. The case involved the alleged misuse of a device known as a Autosuture ProTracker. It was alleged that this device ruptured a vein near the heart, causing bleeding, followed by cardiac arrest.

The defendant denied any responsibility and there was no offer made on behalf of the defendants before trial.

The case was handled by attorneys Michael Shevlin and Tom Smith.

Remember. Each case is unique. These attorneys did a fantastic job but the result obtained is not an indication of what you may obtain in your case. You should consult with an experienced, board certified attorney in your area.

The $2 million cap is for all damages, including medical expenses, lost income, pain and suffering and other non-economic damages.  The editorial in Roanoke Times titled, “Malpractice Victims Out of Luck in Virginia,” calls this limit, “an arbitrary cap” and gives examples of why this amount is too low.  For instance, when an infant is the victim of a life-changing error, lost income is very difficult to prove and lifelong medical expenses will easily go over the $2 million cap.

The purpose of the malpractice cap was to keep premiums under control.  However, doctors were still complaining of rising premiums after the initial cap was established in 1999.

The editorial in Roanoke Times states that there have been various studies that have reflected that damage caps have little to no impact on malpractice insurance premiums.  It appears that premiums are tied closer to the performance of insurance company investments than trial verdicts.

The Virginia Supreme Court has more than once upheld the constitutionality of the damage cap.  The Roanoke Times article suggests that the General Assembly should take another look at the issue and create a more just and adequate approach to malpractice reform.