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★ Virginia · medical negligence

Medical negligence settlements
in Virginia.

By Reviewed by Abd Shanti, Founder9 min read

Virginia caps everything a malpractice plaintiff can recover, not just pain and suffering, and the cap rises $50,000 each July. For acts of malpractice from 1 July 2026 it is $2.75 million. Two recent cases show verdicts below the cap that were won and lost on appeal.

Facts that decide a medical negligence claim in Virginia

Total malpractice cap$2.70 million for acts from 1 July 2025 to 30 June 2026; $2.75 million from 1 July 2026 to 30 June 2027; then $2.80 million, rising to $2.95 million by 2030.Va. Code § 8.01-581.15
Deadline to sue“[E]very action for personal injuries, whatever the theory of recovery … shall be brought within two years after the cause of action accrues.”Va. Code § 8.01-243(A)
Fault ruleContributory negligence: if your own negligence is a proximate cause of the accident, it bars recovery. Last clear chance does not supersede that rule; a negligent plaintiff may recover only if his negligence was a remote cause.Williams v. Harrison (Va. 1998)
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Your medical negligence claim in Virginia. See the number for your own case.

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★ VA · reported medical negligence outcomes

What Virginia courts have awarded.

Real Virginia decisions and verdicts, each linked to the court record or official report.

  • Bon Secours DePaul Medical Center v. Rogakos-Russell
    Supreme Court of Virginia · 2025
    $2,000,000 verdict, affirmed

    Father Constantine Rogakos, an 86 year old retired priest who walked with a quad cane and had fallen twice before, came for an outpatient ultrasound. The sonographer told his wife not to come, left him alone to change beside a wheeled stretcher with no chair, and did not recall checking whether its wheels were locked. He fell and was found face down. His estate won $2,000,000, and the Supreme Court affirmed.

  • Reston Anesthesia Associates v. Bandy
    Court of Appeals of Virginia · 2025
    $2,500,000 verdict reversed

    Elizabeth Bandy’s labor ended in an emergency cesarean in 2021. The anesthesiologist, the only one on duty, gave general anesthesia, but the obstetrician cut before the usual 30 seconds had passed and she yelled that it hurt. The jury awarded $2,500,000, reduced to $2,250,000 for another settlement. The Court of Appeals reversed because the anesthesiologist was entitled to a superseding cause instruction.

★ VA · medical negligence · in practice

What changes the number here.

What actually moves a medical negligence settlement in Virginia.

  1. 1

    The cap date follows the act of malpractice, not the verdict. Check which year’s figure applies.

  2. 2

    Falls of frail patients left alone are malpractice cases. The hospital in Bon Secours lost on how it supervised a patient it knew used a cane.

  3. 3

    When several providers act, each can blame the others. Bandy’s verdict fell because the jury was not told how another doctor’s act could cut off liability.

★ VA · statute of limitations
2 years from date of injury

Va. Code § 8.01-243

★ VA · fault rule
Pure contributory negligence

Pure contributory negligence, 1% claimant fault bars all recovery. Virginia retains the rule by long-standing common-law tradition and has resisted both judicial and legislative repeal.

★ VA · caps

What caps recovery.

Statutory caps that may bear on a medical negligence settlement in Virginia.

★ medical negligence · same region & fault regime

Compare to like jurisdictions.

How Virginia's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for medical negligence claims.

JurisdictionFault ruleLimitationMedical negligence page
Virginia · you are herePure contributory negligence2 years from date of injury—
West VirginiaModified comparative, 51% bar2 years from date of injuryWV · medical negligence →
AlabamaPure contributory negligence2 years from date of injuryAL · medical negligence →
ArkansasModified comparative, 50% bar3 years for personal injury; 2 years for medical malpracticeAR · medical negligence →
FloridaModified comparative, 51% bar2 years from date of injury (was 4; reduced by HB 837)FL · medical negligence →
GeorgiaModified comparative, 50% bar2 years from date of injuryGA · medical negligence →
KentuckyPure comparative negligence1 year for personal injury (one of the shortest in the US)KY · medical negligence →
District of ColumbiaPure contributory negligence3 years from date of injuryDC · medical negligence →
MarylandPure contributory negligence3 years from date of injuryMD · medical negligence →
North CarolinaPure contributory negligence3 years from date of injuryNC · medical negligence →
WashingtonPure comparative negligence3 years from date of injuryWA · medical negligence →
WisconsinModified comparative, 51% bar3 years from date of injuryWI · medical negligence →
WyomingModified comparative, 51% bar4 years from date of injuryWY · medical negligence →
★ VA · medical negligence · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

united states · sister site
Your medical negligence claim in Virginia. See the number for your own case.

FairSettlement gives you a free estimate for your own medical negligence case in about two minutes, no cost and no obligation.

Check my case

Sources

Checked 2026-09-29.

★ all of VA
Virginia overview

Fault rule, statute, caps, and key facts for Virginia as a whole.

★ national frame
Medical negligence in United States

Medical negligence band structure and severity tiers at the US level.

★ all 15 countries
Medical negligence · everywhere

Cross-jurisdiction comparison of medical negligence bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Virginia. See /methodology, /sources, and /disclaimer.