The state of Virginia boasts one of the United States' most stable medical liability insurance markets due to legislation that passed over 30 years ago.
In the 1970's Virginia faced a medical malpractice crisis that led to the Virginia General Assembly to pass the Medical Malpractice Act of 1976, which sealed all damages at $750,000. With this new act passed, Virginia malpractice insurance was then offered at a more affordable price to healthcare providers such as dentists.
In 1983, the malpractice ceiling was then increased to $1 million, and was almost raised again in 1999 to $1.5 million with annual increases until 2008 to make it $2 million. The attempt to raise it to $2 million did not pass, and today Virginia is only one out of only seven states to have such a ceiling on the state's court system.
If a lawsuit does occur Virginia allows for either party to request that a panel made up of attorneys, healthcare providers, and a court judge to decide whether or not the dentist or healthcare provider provided adequate standard of care, and if not, whether it was the cause of any damages. From this, either party can use the ruling as evidence in court.
If a lawsuit does occur Virginia allows for either party to request that a panel made up of attorneys, healthcare providers, and a court judge to decide whether or not the dentist or healthcare provider provided adequate standard of care, and if not, whether it was the cause of any damages. From this, either party can use the ruling as evidence in court.
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