Va. Code » Title 8.01. Civil Remedies and Procedure » Chapter 21.1. Medical Malpractice » Article 2. Miscellaneous Provisions
Virginia Code

Va. Code Ann. § 8.01-581.15 (2026)

Limitation on recovery in certain medical malpractice actions

✓ current as of May 2026
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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 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:

aAugust 1, 1999, through June 30, 2000$1.50 million
bJuly 1, 2000, through June 30, 2001$1.55 million
cJuly 1, 2001, through June 30, 2002$1.60 million
dJuly 1, 2002, through June 30, 2003$1.65 million
eJuly 1, 2003, through June 30, 2004$1.70 million
fJuly 1, 2004, through June 30, 2005$1.75 million
gJuly 1, 2005, through June 30, 2006$1.80 million
hJuly 1, 2006, through June 30, 2007$1.85 million
iJuly 1, 2007, through June 30, 2008$1.925 million
jJuly 1, 2008, through June 30, 2012$2.00 million
kJuly 1, 2012, through June 30, 2013$2.05 million
lJuly 1, 2013, through June 30, 2014$2.10 million
mJuly 1, 2014, through June 30, 2015$2.15 million
nJuly 1, 2015, through June 30, 2016$2.20 million
oJuly 1, 2016, through June 30, 2017$2.25 million
pJuly 1, 2017, through June 30, 2018$2.30 million
qJuly 1, 2018, through June 30, 2019$2.35 million
rJuly 1, 2019, through June 30, 2020$2.40 million
sJuly 1, 2020, through June 30, 2021$2.45 million
tJuly 1, 2021, through June 30, 2022$2.50 million
uJuly 1, 2022, through June 30, 2023$2.55 million
vJuly 1, 2023, through June 30, 2024$2.60 million
wJuly 1, 2024, through June 30, 2025$2.65 million
xJuly 1, 2025, through June 30, 2026$2.70 million
yJuly 1, 2026, through June 30, 2027$2.75 million
zJuly 1, 2027, through June 30, 2028$2.80 million
aaJuly 1, 2028, through June 30, 2029$2.85 million
abJuly 1, 2029, through June 30, 2030$2.90 million
acJuly 1, 2030, through June 30, 2031$2.95 million

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.

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.

In interpreting this section, the definitions found in § 8.01-581.1 shall be applicable.

Code 1950, §§ 8-654.8; 1976, c. 611; 1977, c. 617; 1983, c. 496; 1999, c. 711; 2001, c. 211; 2011, cc. 758, 759.

Notes of Decisions
Cited in 96 cases (5 in the last 5 years), 1982–2026 · leading case: Etheridge v. Med. Ctr. Hospitals, 376 S.E.2d 525 (Va. 1989).
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Etheridge v. Med. Ctr. Hospitals, 376 S.E.2d 525 (Va. 1989). · cites it 186× “The principal issue in this appeal is whether Code § 8.01-581.15, which limits the amount of recoverable damages in a medical malpractice action, violates either the Federal or Virginia Constitution.”
Bulala v. Boyd, 389 S.E.2d 670 (Va. 1990). · cites it 46× “Bulala moved the court, among other things, to reduce the verdicts to $750,000, the maximum amount recoverable under the medical malpractice cap contained in Code § 8.01-581.15. The plaintiffs argued that Code § 8.”
Pulliam v. Coastal Emergency Servs. of Richmond, Inc., 509 S.E.2d 307 (Va. 1999). · cites it 28× “; Crews & Hancock, on brief), Richmond, in support of appellees. Present: CARRICO, C.”
Boyd v. Bulala, 647 F. Supp. 781 (W.D. Va. 1986). · cites it 29× “Defendants moved that the verdicts be set aside on several grounds and for judgment notwithstanding the verdicts, and also moved that the amount recovered be reduced to conform to Va.Code § 8.01-581.15. Plaintiffs, in turn, moved to amend the complaint to conform to evidence…”
Fairfax Hosp. Sys., Inc. v. Nevitt, 457 S.E.2d 10 (Va. 1995). · cites it 24× “1, and (2) the interplay of the provision in that statute requiring a settlement credit against "any amount recovered against the other tort-feasors" and the statute commonly called "the medical malpractice recovery cap", Code § 8.01-581.15. In September 1988, Diane M.”
Supinger v. Stakes, 495 S.E.2d 813 (Va. 1998). · cites it 12× “In Etheridge , we held that the limitation on medical malpractice recoveries contained in Code § 8.01-581.15 does not violate the plaintiff's right to a jury trial.”
Boyd v. Bulala, 672 F. Supp. 915 (W.D. Va. 1987). · cites it 12× “The defendant then moved to reduce the judgment to conform with the limit on damages imposed by Va.Code § 8.01-581.15. This court denied the motion, holding that the statute was void because it violated the separation of powers and infringed upon the right to a civil jury trial…”
Schwartz v. Brownlee, 482 S.E.2d 827 (Va. 1997). · cites it 11× “The trial court[’]s refusal to remit as to MMC violates the mandate of Va. Code § 8.01-581.15. Agency. The defendants argue that there was a conflict in the evidence concerning the agency question and, therefore, that the question should have been submitted to the jury for…”
Taylor v. Mobil Corp., 444 S.E.2d 705 (Va. 1994). · cites it 10× “1 In the other appeal, the primary issue is whether the defendants are entitled to the protection of the limited recovery of damages provided in Code § 8.01-581.15 (the medical malpractice cap).”
Power v. Alexandria Physicians Grp., Ltd., 887 F. Supp. 845 (E.D. Va. 1995). · cites it 23× “The parties filed cross motions in limine concerning the effect of Virginia’s $1 million dollar medical malpractice cap, see Va.Code § 8.01-581.15, and Virginia’s limitation on tort liability of charitable hospitals to the greater of $1 million or the hospital’s insurance…”
Commonwealth v. Va. Ass'n of Counties Grp. Self Ins. Risk Pool, 787 S.E.2d 151 (Va. 2016). · cites it 7× “1, the VaRISK Plan expanded its coverage limit to the applicable *153 medical malpractice cap imposed by Code § 8.01-581.15, which at all relevant times was $2,000,000.”
Power v. Arlington Hosp., 800 F. Supp. 1384 (E.D. Va. 1992). · cites it 8× “They are: (1) Are damages recoverable by a plaintiff in a federal “patient dumping” action against a participating hospital limited by Virginia’s one million dollar medical malpractice damages cap, Va.Code § 8.01-581.15? (2) Are damages recoverable by a plaintiff in a federal…”
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