Are most medical malpractice awards subject to a cap on damages?  If so, which damages are capped?

To the first question, yes.  In Virginia, total damages are capped at $2 million for actions after July 1, 2008.  Prior to that date, the cap decreases in increments over time to a cap of $1 million for actions prior to August 1, 1999.  Punitive damages are capped at $350,000.

It is possible to sue a physician's professional association, in which case the damages are not capped. This type of lawuit, however, would be more difficult to prove.

Ben Glass
Ben Glass is a nationally recognized Virginia injury, medical malpractice, and long-term disability attorney