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.