1 | 1 | | 2025 SESSION |
---|
2 | 2 | | |
---|
3 | 3 | | INTRODUCED |
---|
4 | 4 | | |
---|
5 | 5 | | 25102053D |
---|
6 | 6 | | |
---|
7 | 7 | | SENATE BILL NO. 904 |
---|
8 | 8 | | |
---|
9 | 9 | | Offered January 8, 2025 |
---|
10 | 10 | | |
---|
11 | 11 | | Prefiled January 5, 2025 |
---|
12 | 12 | | |
---|
13 | 13 | | A BILL to amend and reenact 8.01-581.15 of the Code of Virginia, relating to medical malpractice; limitation on recovery; certain actions. |
---|
14 | 14 | | |
---|
15 | 15 | | |
---|
16 | 16 | | |
---|
17 | 17 | | PatronStanley |
---|
18 | 18 | | |
---|
19 | 19 | | |
---|
20 | 20 | | |
---|
21 | 21 | | Referred to Committee for Courts of Justice |
---|
22 | 22 | | |
---|
23 | 23 | | |
---|
24 | 24 | | |
---|
25 | 25 | | Be it enacted by the General Assembly of Virginia: |
---|
26 | 26 | | |
---|
27 | 27 | | 1. That 8.01-581.15 of the Code of Virginia is amended and reenacted as follows: |
---|
28 | 28 | | |
---|
29 | 29 | | 8.01-581.15. Limitation on recovery in certain medical malpractice actions. |
---|
30 | 30 | | |
---|
31 | 31 | | In A. Except as provided in subsection B, any verdict returned against a health care provider in an action for malpractice where the act or acts of malpractice occurred on or after August 1, 1999, which is tried by a jury or in any judgment entered against a health care provider in such an action which is tried without a jury, the total amount recoverable for any injury to, or death of, a patient shall not exceed the following, corresponding amount: |
---|
32 | 32 | | |
---|
33 | 33 | | |
---|
34 | 34 | | |
---|
35 | 35 | | August 1, 1999, through June 30, 2000 $1.50 million |
---|
36 | 36 | | July 1, 2000, through June 30, 2001 $1.55 million |
---|
37 | 37 | | July 1, 2001, through June 30, 2002 $1.60 million |
---|
38 | 38 | | July 1, 2002, through June 30, 2003 $1.65 million |
---|
39 | 39 | | July 1, 2003, through June 30, 2004 $1.70 million |
---|
40 | 40 | | July 1, 2004, through June 30, 2005 $1.75 million |
---|
41 | 41 | | July 1, 2005, through June 30, 2006 $1.80 million |
---|
42 | 42 | | July 1, 2006, through June 30, 2007 $1.85 million |
---|
43 | 43 | | July 1, 2007, through June 30, 2008 $1.925 million |
---|
44 | 44 | | July 1, 2008, through June 30, 2012 $2.00 million |
---|
45 | 45 | | July 1, 2012, through June 30, 2013 $2.05 million |
---|
46 | 46 | | July 1, 2013, through June 30, 2014 $2.10 million |
---|
47 | 47 | | July 1, 2014, through June 30, 2015 $2.15 million |
---|
48 | 48 | | July 1, 2015, through June 30, 2016 $2.20 million |
---|
49 | 49 | | July 1, 2016, through June 30, 2017 $2.25 million |
---|
50 | 50 | | July 1, 2017, through June 30, 2018 $2.30 million |
---|
51 | 51 | | July 1, 2018, through June 30, 2019 $2.35 million |
---|
52 | 52 | | July 1, 2019, through June 30, 2020 $2.40 million |
---|
53 | 53 | | July 1, 2020, through June 30, 2021 $2.45 million |
---|
54 | 54 | | July 1, 2021, through June 30, 2022 $2.50 million |
---|
55 | 55 | | July 1, 2022, through June 30, 2023 $2.55 million |
---|
56 | 56 | | July 1, 2023, through June 30, 2024 $2.60 million |
---|
57 | 57 | | July 1, 2024, through June 30, 2025 $2.65 million |
---|
58 | 58 | | July 1, 2025, through June 30, 2026 $2.70 million |
---|
59 | 59 | | July 1, 2026, through June 30, 2027 $2.75 million |
---|
60 | 60 | | July 1, 2027, through June 30, 2028 $2.80 million |
---|
61 | 61 | | July 1, 2028, through June 30, 2029 $2.85 million |
---|
62 | 62 | | July 1, 2029, through June 30, 2030 $2.90 million |
---|
63 | 63 | | July 1, 2030, through June 30, 2031 $2.95 million |
---|
64 | 64 | | |
---|
65 | 65 | | August 1, 1999, through June 30, 2000 |
---|
66 | 66 | | |
---|
67 | 67 | | $1.50 million |
---|
68 | 68 | | |
---|
69 | 69 | | July 1, 2000, through June 30, 2001 |
---|
70 | 70 | | |
---|
71 | 71 | | $1.55 million |
---|
72 | 72 | | |
---|
73 | 73 | | July 1, 2001, through June 30, 2002 |
---|
74 | 74 | | |
---|
75 | 75 | | $1.60 million |
---|
76 | 76 | | |
---|
77 | 77 | | July 1, 2002, through June 30, 2003 |
---|
78 | 78 | | |
---|
79 | 79 | | $1.65 million |
---|
80 | 80 | | |
---|
81 | 81 | | July 1, 2003, through June 30, 2004 |
---|
82 | 82 | | |
---|
83 | 83 | | $1.70 million |
---|
84 | 84 | | |
---|
85 | 85 | | July 1, 2004, through June 30, 2005 |
---|
86 | 86 | | |
---|
87 | 87 | | $1.75 million |
---|
88 | 88 | | |
---|
89 | 89 | | July 1, 2005, through June 30, 2006 |
---|
90 | 90 | | |
---|
91 | 91 | | $1.80 million |
---|
92 | 92 | | |
---|
93 | 93 | | July 1, 2006, through June 30, 2007 |
---|
94 | 94 | | |
---|
95 | 95 | | $1.85 million |
---|
96 | 96 | | |
---|
97 | 97 | | July 1, 2007, through June 30, 2008 |
---|
98 | 98 | | |
---|
99 | 99 | | $1.925 million |
---|
100 | 100 | | |
---|
101 | 101 | | July 1, 2008, through June 30, 2012 |
---|
102 | 102 | | |
---|
103 | 103 | | $2.00 million |
---|
104 | 104 | | |
---|
105 | 105 | | July 1, 2012, through June 30, 2013 |
---|
106 | 106 | | |
---|
107 | 107 | | $2.05 million |
---|
108 | 108 | | |
---|
109 | 109 | | July 1, 2013, through June 30, 2014 |
---|
110 | 110 | | |
---|
111 | 111 | | $2.10 million |
---|
112 | 112 | | |
---|
113 | 113 | | July 1, 2014, through June 30, 2015 |
---|
114 | 114 | | |
---|
115 | 115 | | $2.15 million |
---|
116 | 116 | | |
---|
117 | 117 | | July 1, 2015, through June 30, 2016 |
---|
118 | 118 | | |
---|
119 | 119 | | $2.20 million |
---|
120 | 120 | | |
---|
121 | 121 | | July 1, 2016, through June 30, 2017 |
---|
122 | 122 | | |
---|
123 | 123 | | $2.25 million |
---|
124 | 124 | | |
---|
125 | 125 | | July 1, 2017, through June 30, 2018 |
---|
126 | 126 | | |
---|
127 | 127 | | $2.30 million |
---|
128 | 128 | | |
---|
129 | 129 | | July 1, 2018, through June 30, 2019 |
---|
130 | 130 | | |
---|
131 | 131 | | $2.35 million |
---|
132 | 132 | | |
---|
133 | 133 | | July 1, 2019, through June 30, 2020 |
---|
134 | 134 | | |
---|
135 | 135 | | $2.40 million |
---|
136 | 136 | | |
---|
137 | 137 | | July 1, 2020, through June 30, 2021 |
---|
138 | 138 | | |
---|
139 | 139 | | $2.45 million |
---|
140 | 140 | | |
---|
141 | 141 | | July 1, 2021, through June 30, 2022 |
---|
142 | 142 | | |
---|
143 | 143 | | $2.50 million |
---|
144 | 144 | | |
---|
145 | 145 | | July 1, 2022, through June 30, 2023 |
---|
146 | 146 | | |
---|
147 | 147 | | $2.55 million |
---|
148 | 148 | | |
---|
149 | 149 | | July 1, 2023, through June 30, 2024 |
---|
150 | 150 | | |
---|
151 | 151 | | $2.60 million |
---|
152 | 152 | | |
---|
153 | 153 | | July 1, 2024, through June 30, 2025 |
---|
154 | 154 | | |
---|
155 | 155 | | $2.65 million |
---|
156 | 156 | | |
---|
157 | 157 | | July 1, 2025, through June 30, 2026 |
---|
158 | 158 | | |
---|
159 | 159 | | $2.70 million |
---|
160 | 160 | | |
---|
161 | 161 | | July 1, 2026, through June 30, 2027 |
---|
162 | 162 | | |
---|
163 | 163 | | $2.75 million |
---|
164 | 164 | | |
---|
165 | 165 | | July 1, 2027, through June 30, 2028 |
---|
166 | 166 | | |
---|
167 | 167 | | $2.80 million |
---|
168 | 168 | | |
---|
169 | 169 | | July 1, 2028, through June 30, 2029 |
---|
170 | 170 | | |
---|
171 | 171 | | $2.85 million |
---|
172 | 172 | | |
---|
173 | 173 | | July 1, 2029, through June 30, 2030 |
---|
174 | 174 | | |
---|
175 | 175 | | $2.90 million |
---|
176 | 176 | | |
---|
177 | 177 | | July 1, 2030, through June 30, 2031 |
---|
178 | 178 | | |
---|
179 | 179 | | $2.95 million |
---|
180 | 180 | | |
---|
181 | 181 | | In any verdict returned against a health care provider in an action for malpractice where the act or acts of malpractice occurred on or after July 1, 2031, which is tried by a jury or in any judgment entered against a health care provider in such an action which is tried without a jury, the total amount recoverable for any injury to, or death of, a patient shall not exceed $3 million. Each annual increase shall apply to the act or acts of malpractice occurring on or after the effective date of the increase. |
---|
182 | 182 | | |
---|
183 | 183 | | Where the act or acts of malpractice occurred prior to August 1, 1999, the total amount recoverable for any injury to, or death of, a patient shall not exceed the limitation on recovery set forth in this statute as it was in effect when the act or acts of malpractice occurred. |
---|
184 | 184 | | |
---|
185 | 185 | | B. The limitations provided by subsection A shall not apply to any verdict returned against a health care provider in an action for malpractice where the act or acts of malpractice occurred on or after July 1, 2025, and occurred against a patient age 10 or younger. |
---|
186 | 186 | | |
---|
187 | 187 | | C. In interpreting this section, the definitions found in 8.01-581.1 shall be applicable. |
---|