Cap on Medical Malpractice Awards in Virginia is Unfair

Dan Frith

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Okay, all of you so-called "tort reformers" out there reading this blog. Please tell me how Virginia's law which severely limits recoveries in medical malpractice cases is fair.

You see,if one of my friends gets drunk and kills a father (with an unemployed wife and 4 children) in an automobile accident...a jury may award full and complete damages to the family for their loss. Those damages include not only pain and suffering and the loss of a loved family member, but also compensation to the family for the loss of their father's income. Lets say he earned $65,000 per year and expected to work another 35 years - it adds up to a very large number!

But, compare what happens when a doctor's negligenceresults in the wrongful death of her patient or (worse) results in the patient becoming comatose for the remaining 30 years of their life and requiring $150,000 per year in medical care. In this case the family who lost their father doesn't recover the full measure of their damages...they are limited by law in Virginia (the cap for negligence occurring today is $2 million).

It's wrong and unfair! And, guess who pays for those damages when the health care professional doesn't have to? You - in the form of increased costs for Medicare, Medicaid, Social Security Disability, etc.

ASK YOUR CONGRESSMAN WHY HEALTH CARE PROFESSIONALS ARE NOT TREATED JUST LIKE EVERYONE ELSE!