New Bill Threatens to Double Virginia Medical Liability Cap to $6 Million
Legislation Expected to Pass State House and Senate in Coming Weeks
(Rockville, MD, March 3, 2026)—The Medical Society of Virginia unexpectedly announced on Monday, March 2, 2026, that it reached an agreement with the Virginia Trial Lawyers Association to terminate decades-long legislation that fostered a stable medical professional liability environment in the state.
The current legislation maintains a total cap on damages in medical liability with annual increases of $50,000 per year until the cap reaches $3 million in mid-2031.
The new agreement raises the cap to $6 million in mid-2027 and increases it by the rate of inflation bi-annually going forward. It also excludes pre-judgment interest from the cap and extends the statute of limitations from two to four years.
In response, the MPL Association immediately engaged stakeholders in the insurance and medical communities to coordinate opposition. The Association is also drafting formal comments for an expected committee hearing on the issue sometime this week.
“Currently, 28 states maintain some form of a cap on medical liability damages, covering noneconomic damages, catastrophic injury, wrongful death, or total damages,” noted MPL Association President and CEO Eric R. Anderson. “When well-designed, caps fairly compensate injured parties while protecting against excessive verdicts driven by the plaintiff’s bar—of which they collect a significant portion of those awards.”
The Association’s assessment, based on information provided by state-level contacts, indicates that preventing the passage of this legislation based on the framework agreement between the Medical Society and Trial Lawyers will be incredibly difficult given the legislature’s makeup and the expected support of the governor. However, the MPL Association will not stop advocating on behalf of its members and their policyholders.
“We will express strong opposition on behalf of the MPL industry and coordinate broad efforts to push back against the personal injury bar,” said Senior Vice President, Public Policy and Legal Affairs Mike Stinson. “Threats to Virginia’s cap puts thousands of physicians, nurses, and advanced practice professionals, as well as hundreds of hospitals in the state, at risk from significantly inflated medical liability awards and potentially losing affordable insurance coverage.”
If you have any questions, or to collaborate with the Association on this critical issue, contact Mike Stinson at mstinson@MPLassociation.org.