The Limitation on Recovery in Medical Negligence Cases

Chapter 611, 1976 Acts of Assembly, provided for sweeping changes in the laws of medical and hospital negligence in Virginia. The Act affects all medical negligence actions arising after July 1, 1976. The legislation was enacted during a time when many perceived a medical malpractice crisis in Virginia. This article will review the historical background which led to this perception and will analyze whether, in fact, this crisis did exist. Finally, the article will demonstrate that the Act is both unnecessary and more importantly, unconstitutional