Virginia (VA) Medical Malpractice Laws
Everything you need to know about filing a medical malpractice claim in Virginia.
Damage Cap
$2,550,000 total damages cap (increases by $50,000 each year starting July 1, 2022)
Statute of Limitations
2 years from the date of the act or omission
Discovery Rule
Virginia applies a limited discovery rule — in cases involving a foreign object left in the body, the statute begins at discovery. Otherwise, the continuing treatment doctrine may apply.
Pre-Filing Requirements
Plaintiffs must obtain a certification from an expert witness before filing suit. Claims must first be reviewed by a medical malpractice review panel unless waived by the parties.
Average Settlement
$225,000 - $525,000
Average Verdict
$375,000 - $1,400,000
Key Facts About Virginia Medical Malpractice Law
- 1Virginia's total damages cap increases by $50,000 each year, providing gradual relief for plaintiffs over time.
- 2Virginia follows a contributory negligence standard — any fault on the plaintiff's part can bar recovery entirely.
- 3A mandatory medical malpractice review panel reviews claims before suit, unless both parties agree to waive the panel.
- 4The Birth-Related Neurological Injury Compensation Program provides no-fault compensation for qualifying birth injuries.
- 5Expert witnesses must demonstrate familiarity with the applicable standard of care through clinical practice or teaching.
Need Help with a Virginia Medical Malpractice Case?
If you believe you have a medical malpractice claim in Virginia, it is important to act quickly. The statute of limitations in Virginia is 2 years from the date of the act or omission. Most medical malpractice attorneys offer free initial consultations.