SB 599 — Medical malpractice actions, certain; limitation on recovery.

SESSION INTRODUCEDSENATE 22104321DSUBSTITUTE I22105604D SENATE BILL NO.

599 NAMENDMENT OfferedIN JanuaryTHE 12,NATURE 2022OF A SUBSTITUTE (Proposed by the Senate Committee on the Judiciary on February 7, 2022) (Patron Prior to Substitute––Senator Stanley) A BILL to amend and reenact § 8.01-581.15 of the Code of Virginia, relating to limitation on recovery T in certain medical malpractice actions.

R –––––––––– Patrons––Stanley and Surovell O –––––––––– Referred to Committee on the Judiciary D –––––––––– U Be it enacted by the General Assembly of Virginia:

That § 8.01-581.158.01-581.15. of the Code of Virginia is amended and reenacted as follows:

CLimitation §on 8.01-581.15.recovery in certain medical malpractice actions.s:

LimitationIn onany recoveryverdict returned against a health care provider in certainan medicalaction for malpractice actions.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 S amount:

August 1, 1999, through June 30, 2000 $1.50 million E InJuly any1, verdict2000, returnedthrough againstJune a30, health2001 care$1.55 providermillion inJuly an1, action2002, forthrough malpracticeJune where30, the2003 act$1.65 ormillion actsN ofJuly malpractice1, occurred2003, onthrough orJune after30, August2004 $1.70 million July 1, 1999,2004, whichthrough isJune tried30, by2005 a$1.75 jurymillion orA inJuly any1, judgment2005, Dthrough enteredJune against30, a2006 health$1.80 caremillion providerJuly in1, such2006, anthrough actionJune which30, is2007 tried$1.85 withoutmillion aT jury,July the1, total2008, amountthrough recoverableJune for30, any2012 injury$2.00 to,millionn orE deathJuly of,1, a2012, patientthrough shallJune not30, exceed2013 the$2.05 following,million correspondingJuly amount:1, 2013, through June 30, 2014 $2.10 million July 1, 2014, through June 30, 2015 $2.15 million July 1, 2015, through June 30, 2016 $2.20 million S July 1, 2017, through June 30, 2018 $2.30 million July 1, 2018, through June 30, 2019 $2.35 million U July 1, 2019, through June 30, 2020 $2.40 million B July 1, 2020, through June 30, 2021 $2.45 million July 1, 2021, through June 30, 2022 $2.50 million S July 1, 2023, through June 30, 2024 $2.60 million T :

August38 1, 1999, through June 30, 2000 $1.50 million July 1, 2000,2024, through June 30, 20012025 $1.55$2.65 million 39 July 1, 2002,2025, through June 30, 20032026 $1.65$2.70 million JulyI 1,/ 2003,40 through June 30, 2004 $1.70 million July 1, 2004,2026, through June 30, 20052027 $1.75$2.75 million BT / 41 July 1, 2005,2027, through June 30, 20062028 $1.80$2.80 million 543 July 1, 2006,2029, through June 30, 20072030 $1.85$2.90 million 9U July 1, 2007,2030, through June 30, 20082031 $1.925$2.95 million JulyT 1,In 2008,any throughverdict Junereturned 30,against 2012a $2.00health millioncare Julyprovider 1,in 2013,an throughaction Junefor 30,malpractice 2014where $2.10the millionact Julyor 1,acts 2014,of throughmalpractice Juneoccurred 30,on 2015or $2.15after million July 1, 2015,2031, throughwhich Juneis 30,tried 2016by $2.20a millionjury Julyor 1,in 2016,any throughjudgment JuneE 30,entered 2017against $2.25a millionhealth Julycare 1,provider 2017,in throughsuch Junean 30,action 2018which $2.30is milliontried Julywithout 1,a 2018,jury, throughthe Junetotal 30,amount 2019recoverable $2.35for millionany Julyinjury 1,to, 2019,or throughdeath Juneof, 30,a 2020patient $2.40shall millionnot :exceed $3 million.

37 July 1, 2021, through June 30, 2022 $2.50 million 38 July 1, 2022, through June 30, 2023 $2.55 million / 39 July 1, 2023, through June 30, 2024 $2.60 million / 40 July 1, 2024, through June 30, 2025 $2.65 million 41 July 1, 2025, through June 30, 2026 $2.70 million July 1, 2026, through June 30, 2027 $2.75 million July 1, 2028, through June 30, 2029 $2.85 million July 1, 2029, through June 30, 2030 $2.90 million July 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.

However, if the jury or judge, if such an action is tried without a jury, determines that there is (i) substantial or permanent loss or impairment of a bodily function,function or (ii) permanent brain injury, (iii)the substantiallimits disfigurement,on orrecovery (iv)as anyset otherforth specialin circumstancethis insection theshall casenot thatapply, warrantsregardless aof findingthe limit that impositionis ofin sucheffect aat limitationthe wouldtime depriveof the plaintiffverWhere the act or acts of fullmalpractice andoccurred fairprior compensationto forAugust 1, 1999, the injuriestotal sustained,amount therecoverable limitsS onfor recoveryany asinjury setto, forthor indeath thisof, sectiona patient shall not apply,exceed regardlessthe oflimitation theon limitrecovery thatset isforth in effectthis atB thestatute timeas ofit was in effect when the verdictact or judgment.acts of malpractice occurred.

Where9 theIn actinterpreting orthis actssection, of malpractice occurred prior to August 1, 1999, the totaldefinitions amountfound recoverablein for§ any8.01-581.1 injury to, or death of, a patient shall notbe exceedapplicable. the limitation on recovery set forth in this statute as it was in effect when the act or acts of malpractice occurred.

SB599S 21 of 2 In interpreting this section, the definitions found in § 8.01-581.1 shall be applicable.