Virginia Medical Malpractice Information

  • What is the average medical malpractice settlement in Virginia?

    The average medical malpractice payment in Virginia for 2022 was $407,027. Going back to 2004, the average malpractice payment in the database is $353,010.

  • How many medical malpractice settlements have there been in Virginia?

    In 2022, there were 167 medical malpractice payments made in Virginia. Among all of the various jurisdictions, this ranked number 20 out of 59 in terms of raw numbers, but when viewed in terms of claims per capita, Virginia ranked number 42 of 59, which includes the 50 states, the District of Columbia, U.S. territories, and Armed Forces populations.

  • What is the most common type of medical malpractice claim in Virginia?

    Across the country, the most common allegations giving rise to medical malpractice payments are "Failure to Diagnose" and "Improper Performance." Virginia is among those jurisdictions for which the top allegation appearing in the database is "Improper Performance." The second most frequent allegation appearing for Virginia in the database is "Failure to Diagnose."

  • Which type of healthcare provider pays the most medical malpractice claims in Virginia?

    Among all claims, the vast majority (about 70%) of the payments are associated with care provided by MDs. Virginia is no exception. The second highest type of healthcare provider associated with malpractice claims in Virginia is a dentist.

A few notes about this: The database only shows which claims were paid and does not include claims that were presented but rejected. Also, the database does not include payments by non-providers like health systems and hospitals. There are also some number of claims that go unreported each year. Finally, the information contained in the reports is self-reported by the providers, their insurance companies, and other provider representatives.
Virginia Medical Malpractice Payment Amounts By Year
Virginia Medical Malpractice Payments By Year

The Largest Medical Malpractice Payments for Virginia (2004-2022)

YearStateAmountAllegationFull Report
2016Virginia$4,050,000Delay in Diagnosis
2013Virginia$3,450,000Improper Management
2012Virginia$3,350,000Failure to Identify Fetal Distress
2012Virginia$3,350,000Failure to Identify Fetal Distress
2005Virginia$3,250,000Failure to Identify Fetal Distress
2007Virginia$2,950,000Failure to Diagnose
2017Virginia$2,950,000Improper Performance
2011Virginia$2,750,000Failure to Identify Fetal Distress
2018Virginia$2,750,000Failure to Diagnose
2017Virginia$2,250,000Delay in Diagnosis

Virginia Statistics at a Glance

Average Payment (2004-2022): $353,010

Total Payments in Database (2004-2022): 3,368

Average Payment (2022): $407,027

Total Number of Payments (2022): 167

Rank in Average Payment (2022): 23

Rank in Number of Payments Per Capita (2022): 42 of 59 Jurisdictions

Most Common Allegation (2022): Improper Performance

Most Common Allegation in 2021: Improper Performance

Most Common Nature of Claim (2022): Surgery Related - 32% of all payments

Type of Provider with Most Payments: Physician (MD)

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