Damages in Virginia Medical Malpractice Cases

In medical malpractice cases, a person can receive damages for a variety of different things and a person can achieve damages from the medical bills a person has incurred as a result of the malpractice, and what a person is required to receive. A person can receive damages for lost wages, permanent injuries, and in some cases, a person can also receive punitive damages depending on the case. If you were a victim of medical malpractice and are suffering from the repercussions, it is very important that you consult with an experienced medical malpractice lawyer as soon as possible.

Typically, a person can receive damages in medical malpractice cases similar to those available on all other types of cases, but due to the severity and significance of the medical malpractice action, there are damages available for more future things, for the lost medical bills, and lost wages.

Calculation of Damages

The damages are calculated through a variety of facts and circumstances such as calculated medical bills and records. They are calculated on various things like lost wages, and they are calculated with the assistance of witnesses, meaning various witnesses and expert witnesses. All of these are calculated together in order to come up with an appropriate amount of lost wages.

Caps on Damages

Virginia statutes have certain caps that are available in medical malpractice cases. Depending on the type of injury, these caps may be for general damages or punitive damages. The Virginia Code Section 801-581.15 describes the limitations on certain malpractice actions. This is a scale that is increasing when verdicts return if the healthcare provider, with or without a jury for an injury or death of the patient or medical practice, the current cap that is in effect from July 1, 2015, to June 30, 2017, is $2.25 million.

Next, each subsequent year until 2031, the cap will increase by $0.05 million so it will increase every year by $50,000.

Non-Economic Damages

Medical malpractice cases have interesting issues that come up with non-economic damages. These are common and this is pain and suffering and that may be something that comes up with the experts with future damages and alike.

Complicated Liability

Liability is complicated in medical malpractice cases. A person must first determine what the standard of care is and then the person must determine whether or not the action has breached the standard of care. Simply determining what is the right thing to do and what is the wrong thing to do is a whole other part of the analysis because there are times where the action is not like that at all.

Punitive Damages

Punitive damages are somewhat common in these cases, but they are not very common in any case. It is somewhat common in that they are placed to punish the wrongdoer for actions that they may intentionally or maliciously do.

Punitive damages may apply in cases in which someone acted either intentionally or with actual malice in doing so, causes an issue that damages someone and may come up in the case. This may come out in the context of an incorrect surgery; they perform on the wrong limb. In an amputation, for example, the doctor could cut off the wrong foot. It could be a punitive damage case when somebody breaches the standard of care. They may also be punitive damage issues where the standard of care is ignored or the doctor or someone else is in violation of their duties in such an obvious way.


If the expectation of a surgical procedure or medical device implant or other associated medical procedures was not met, it does mean that medical malpractice has happened. This is a very common misconception. For example, because a person had a surgery and the person does not achieve the raise of motion of the person’s expected, it does mean that medical malpractice occurred; however, if the medical provider breached the standard care during the surgery and as a result, the person was injured, then yes, the person may have a medical malpractice case. It is tough for a layperson who is not a Virginia medical malpractice attorney to understand, but because there is a negative outcome, it does not necessarily mean malpractice has occurred.

Benefits of an Attorney

If you or someone you know was a victim of medical malpractice, and are suffering from damages as a result of those injuries, it is imperative that you contact a Virginia Medical Malpractice Attorney. There are multiple types of damages that can occur from.

Damages in Virginia Medical Malpractice Cases