The leaders of the Virginia Orthopaedic Society want to make members aware of significant legislation advancing in the General Assembly that would increase Virginia’s medical malpractice cap.
Over the past several years, lawmakers have repeatedly considered proposals to modify or remove the cap in certain circumstances, particularly in cases involving young children (in fact, just weeks ago, VOS and other physician and hospital groups successfully defeated a bill to remove the cap for children 10 and under). The current med mal cap is $2.7 million, increasing to $3 million by July 2031.
However, a separate bill that allowed prejudgment interest to be awarded outside of the existing cap passed the Senate unanimously despite our opposition and advanced to the House of Delegates. As discussions progressed, House leadership indicated that this legislation would serve as a means to address the broader issue of the malpractice cap. The bill’s draft language is now expected to raise the cap for physicians to $6 million beginning in 2027.
This change happened quickly. Legislative leadership signaled that a cap increase had the votes to pass and made clear it would move forward, limiting the Medical Society of Virginia’s negotiating ability. Our friends at MSV instead chose to negotiate terms.
If enacted, the proposed increase in Virginia’s medical malpractice cap would raise the maximum exposure in rare, catastrophic cases (most claims never approach the cap). Physicians may see some upward pressure on malpractice premiums over time, particularly in higher-risk specialties like emergency medicine, but premium changes are typically driven more by claim frequency and insurer loss history than by the cap number alone.
The inclusion of limited prejudgment interest modestly increases potential exposure in certain cases, while reported protections preventing pursuit of personal assets should provide meaningful reassurance for individual physicians. In addition, the $6 million cap would only be adjusted yearly for cost of living and would remain in place until the 2035 legislative session.
There is still a long way to go, however. VOS is closely monitoring developments and remains in communication with physician organizations, hospital partners, and legislative leaders to better understand the potential impact on emergency physicians and emergency departments across the Commonwealth. Our priority is maintaining a stable professional liability environment that supports high-quality emergency care, the healthcare safety net, and physician workforce stability. We will continue to provide updates as additional details become available.