VDA Action Alert: Tell your State Senator to Vote NO on Lifting the Medical Malpractice Cap
Senator Bill Stanley has filed Senate Bill 99, which would eliminate the medical malpractice cap for cases in which the patient is less than 10 years of age in Virginia.
The Problem with the Legislation:
Removing or modifying the medical malpractice cap in any way could significantly increase the cost of providing and receiving healthcare in the Commonwealth of Virginia.
- Medical malpractice insurance costs would increase for all providers, including state hospitals, which would not only cost more General Fund dollars but would also increase the cost of health care for patients
- Before Virginia’s medical malpractice schedule was enacted in 2012, the costs of medical malpractice insurance premiums were exorbitant and were so high that only some providers could afford it
- Increased costs could impact practitioners’ considerations to treat patients aged 10 and under
The Solution: Maintain the Current Med Mal Cap
In 2010 and 2011, Virginia’s healthcare providers worked with the Virginia Trial Lawyers Association to reach a consensus on updates to the cap, and the General Assembly ultimately passed legislation for an increase of $50,000 per year until 2032. This model was created to create stability and certainty for all stakeholders. The Virginia Trial Lawyers Association supports Virginia’s current med mal laws and did NOT request this legislation.
