{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-581.15.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-581.15.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-581.15.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-581.15.html"}],"law_id":66555,"edition_id":1,"section_id":66555,"structure_id":14388,"section_number":"8.01-581.15","catch_line":"Limitation on recovery in certain medical malpractice actions","history":"Code 1950, \u00a7\u00a7 8-654.8; 1976, c. 611; 1977, c. 617; 1983, c. 496; 1999, c. 711; 2001, c. 211; 2011, cc. 758, 759.","full_text":"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:\n\t\tIn 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.\n\t\tWhere 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.\n\t\tIn interpreting this section, the definitions found in \u00a7 8.01-581.1 shall be applicable.","order_by":null,"text":{"0":{"id":241545,"text":"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:\n\t\tIn 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.\n\t\tWhere 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.\n\t\tIn interpreting this section, the definitions found in \u00a7 8.01-581.1 shall be applicable.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14388,"edition_id":1,"name":"Miscellaneous Provisions","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":14387,"metadata":{},"date_created":"2026-06-26 03:47:58","date_modified":"2026-06-26 03:47:58","permalink":{"id":278979,"object_type":"structure","relational_id":14388,"identifier":"2","token":"8.01\/21.1\/2","url":"\/8.01\/21.1\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14387,"edition_id":1,"name":"Medical Malpractice","identifier":"21.1","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:47:58","date_modified":"2026-06-26 03:47:58","permalink":{"id":278895,"object_type":"structure","relational_id":14387,"identifier":"21.1","token":"8.01\/21.1","url":"\/8.01\/21.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":59392,"structure_id":14388,"section_number":"8.01-581.13","catch_line":"Civil immunity for certain health professionals and health profession students serving as members of certain entities","url":"\/8.01-581.13\/","token":"8.01\/21.1\/2\/8.01-581.13","metadata":false},{"id":60855,"structure_id":14388,"section_number":"8.01-581.14","catch_line":"Repealed","url":"\/8.01-581.14\/","token":"8.01\/21.1\/2\/8.01-581.14","metadata":false},{"id":66555,"structure_id":14388,"section_number":"8.01-581.15","catch_line":"Limitation on recovery in certain medical malpractice actions","url":"\/8.01-581.15\/","token":"8.01\/21.1\/2\/8.01-581.15","metadata":false},{"id":55726,"structure_id":14388,"section_number":"8.01-581.16","catch_line":"Civil immunity for members of or consultants to certain boards or committees","url":"\/8.01-581.16\/","token":"8.01\/21.1\/2\/8.01-581.16","metadata":false},{"id":75226,"structure_id":14388,"section_number":"8.01-581.17","catch_line":"Privileged communications of certain committees and entities","url":"\/8.01-581.17\/","token":"8.01\/21.1\/2\/8.01-581.17","metadata":false},{"id":57108,"structure_id":14388,"section_number":"8.01-581.18","catch_line":"Delivery of results of laboratory tests and other examinations not authorized by physician","url":"\/8.01-581.18\/","token":"8.01\/21.1\/2\/8.01-581.18","metadata":false},{"id":57097,"structure_id":14388,"section_number":"8.01-581.18:1","catch_line":"Immunity of physicians for laboratory results and examinations","url":"\/8.01-581.18_1\/","token":"8.01\/21.1\/2\/8.01-581.18_1","metadata":false},{"id":71346,"structure_id":14388,"section_number":"8.01-581.19","catch_line":"Civil immunity for physicians, psychologists, podiatrists, optometrists, veterinarians, nursing home administrators, and certified emergency medical services providers while members of certain committees","url":"\/8.01-581.19\/","token":"8.01\/21.1\/2\/8.01-581.19","metadata":false},{"id":59744,"structure_id":14388,"section_number":"8.01-581.19:1","catch_line":"Civil immunity for persons providing information to certain committees","url":"\/8.01-581.19_1\/","token":"8.01\/21.1\/2\/8.01-581.19_1","metadata":false},{"id":75087,"structure_id":14388,"section_number":"8.01-581.20","catch_line":"Standard of care in proceeding before medical malpractice review panel; expert testimony; determination of standard in action for damages","url":"\/8.01-581.20\/","token":"8.01\/21.1\/2\/8.01-581.20","metadata":false},{"id":57136,"structure_id":14388,"section_number":"8.01-581.20:1","catch_line":"Admissibility of expressions of sympathy","url":"\/8.01-581.20_1\/","token":"8.01\/21.1\/2\/8.01-581.20_1","metadata":false}],"previous_section":{"id":60855,"structure_id":14388,"section_number":"8.01-581.14","catch_line":"Repealed","url":"\/8.01-581.14\/","token":"8.01\/21.1\/2\/8.01-581.14","metadata":false},"next_section":{"id":55726,"structure_id":14388,"section_number":"8.01-581.16","catch_line":"Civil immunity for members of or consultants to certain boards or committees","url":"\/8.01-581.16\/","token":"8.01\/21.1\/2\/8.01-581.16","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-581.15\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 6 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1976, chapter 611; in 1977, chapter 617; in 1983, chapter 496; in 1999, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?991+ful+CHAP0711\">711<\/a>; in 2001, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?011+ful+CHAP0211\">211<\/a>; in 2011, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?111+ful+CHAP0758\">758<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?111+ful+CHAP0759\">759<\/a>.<\/p>","references":[{"id":85883,"section_number":"32.1-127","catch_line":"(Effective January 1, 2026) Regulations","order_by":null,"url":"\/32.1-127\/"},{"id":64164,"section_number":"54.1-2957","catch_line":"Licensure and practice of advanced practice registered nurses; certified nurse midwives; independent practice of certified nurse midwives","order_by":null,"url":"\/54.1-2957\/"},{"id":54115,"section_number":"8.01-36","catch_line":"Joinder of action of tort to infant with action for recovery of expenses incurred thereby and claim for recovery of expenses by infant","order_by":null,"url":"\/8.01-36\/"},{"id":74543,"section_number":"8.01-38","catch_line":"Tort liability of hospitals","order_by":null,"url":"\/8.01-38\/"},{"id":78150,"section_number":"8.01-50","catch_line":"Action for death by wrongful act; how and when to be brought","order_by":null,"url":"\/8.01-50\/"}],"refers_to":[{"id":79489,"section_number":"8.01-581.1","catch_line":"Definitions","order_by":null,"url":"\/8.01-581.1\/"}],"permalink":{"id":278989,"object_type":"law","relational_id":66555,"identifier":"8.01-581.15","token":"8.01\/21.1\/2\/8.01-581.15","url":"\/8.01-581.15\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-581.15\/","token":"8.01\/21.1\/2\/8.01-581.15","dublin_core":{"Title":"Limitation on recovery in certain medical malpractice actions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-581.15","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>In any <span class=\"dictionary\">verdict<\/span> returned against a <span class=\"dictionary\">health care provider<\/span> in an <span class=\"dictionary\">action<\/span> for <span class=\"dictionary\">malpractice<\/span> where the act or acts of <span class=\"dictionary\">malpractice<\/span> occurred on or after August 1, 1999, which is tried by a <span class=\"dictionary\">jury<\/span> or in any <span class=\"dictionary\">judgment<\/span> entered against a <span class=\"dictionary\">health care provider<\/span> in such an <span class=\"dictionary\">action<\/span> which is tried without a <span class=\"dictionary\">jury<\/span>, the total amount recoverable for any injury to, or death of, a <span class=\"dictionary\">patient<\/span> shall not exceed the following, corresponding amount:\n\t\tIn any <span class=\"dictionary\">verdict<\/span> returned against a <span class=\"dictionary\">health care provider<\/span> in an <span class=\"dictionary\">action<\/span> for <span class=\"dictionary\">malpractice<\/span> where the act or acts of <span class=\"dictionary\">malpractice<\/span> occurred on or after July 1, 2031, which is tried by a <span class=\"dictionary\">jury<\/span> or in any <span class=\"dictionary\">judgment<\/span> entered against a <span class=\"dictionary\">health care provider<\/span> in such an <span class=\"dictionary\">action<\/span> which is tried without a <span class=\"dictionary\">jury<\/span>, the total amount recoverable for any injury to, or death of, a <span class=\"dictionary\">patient<\/span> shall not exceed $3 million. Each annual increase shall apply to the act or acts of <span class=\"dictionary\">malpractice<\/span> occurring on or after the effective date of the increase.\n\t\tWhere the act or acts of <span class=\"dictionary\">malpractice<\/span> occurred prior to August 1, 1999, the total amount recoverable for any injury to, or death of, a <span class=\"dictionary\">patient<\/span> shall not exceed the limitation on recovery set forth in this <span class=\"dictionary\">statute<\/span> as it was in effect when the act or acts of <span class=\"dictionary\">malpractice<\/span> occurred.\n\t\tIn interpreting this section, the definitions found in \u00a7&nbsp;<a class=\"law\" title=\"Definitions\" href=\"\/8.01-581.1\/\">8.01-581.1<\/a> shall be applicable.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nLIMITATION ON RECOVERY IN CERTAIN MEDICAL MALPRACTICE ACTIONS (\u00a7 8.01-581.15)\n\nIn any verdict returned against a health care provider in an action for\nmalpractice where the act or acts of malpractice occurred on or after August 1,\n1999, which is tried by a jury or in any judgment entered against a health care\nprovider in such an action which is tried without a jury, the total amount\nrecoverable for any injury to, or death of, a patient shall not exceed the\nfollowing, corresponding amount:\n\t\tIn any verdict returned against a health care provider in an action for\nmalpractice where the act or acts of malpractice occurred on or after July 1,\n2031, which is tried by a jury or in any judgment entered against a health care\nprovider in such an action which is tried without a jury, the total amount\nrecoverable for any injury to, or death of, a patient shall not exceed $3\nmillion. Each annual increase shall apply to the act or acts of malpractice\noccurring on or after the effective date of the increase.\n\t\tWhere the act or acts of malpractice occurred prior to August 1, 1999, the\ntotal amount recoverable for any injury to, or death of, a patient shall not\nexceed the limitation on recovery set forth in this statute as it was in effect\nwhen the act or acts of malpractice occurred.\n\t\tIn interpreting this section, the definitions found in \u00a7 8.01-581.1 shall be\napplicable.\n\nHISTORY: Code 1950, \u00a7\u00a7 8-654.8; 1976, c. 611; 1977, c. 617; 1983, c. 496;\n1999, c. 711; 2001, c. 211; 2011, cc. 758, 759.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}