Health & Medical in Virginia

Va. Code § 8.01-243 provides two years from the date of injury or discovery. An expert certification must accompany the complaint under § 8.01-20.1. Virginia's total damages cap — covering all economic and non-economic damages combined — starts at approximately $2.55 million and increases annually.

Virginia's Medical Malpractice Act imposes a cap on all damages (both economic and non-economic combined) in medical malpractice cases. The cap was approximately $2,550,000 for 2023 acts and increases by $50,000 per year until reaching $3,000,000. This total cap is unusual — most states only cap non-economic damages.

Yes. Va. Code § 8.01-20.1 requires a plaintiff in a medical malpractice case to certify that the case has been reviewed by a qualified expert who believes the defendant deviated from the applicable standard of care. This certification must be filed with the complaint.

Complaints against physicians may be filed with the Virginia Board of Medicine through the Department of Health Professions at dhp.virginia.gov/medicine. The Board investigates and may impose conditions, suspend, or revoke a medical license. Board actions are separate from civil litigation.