Med Mal Practice 2

Ask Senate to Oppose SB536 Doubling Medical Malpractice Cap

Mar 10, 2026

The Problem with the Legislation:

Increasing the medical malpractice cap 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 them

The VDA has joined with other partners in the healthcare community to advocate that lawmakers maintain the current medical malpractice cap.

Current Legislative Status:

SB 536 was recently amended and narrowly passed in the House of Delegates.

Current language would:

  1. Increase the cap to $2.75 million on July 1, 2026, then to $6 million on July 1, 2027
  2. Allow courts to award up to two years of pre-judgment interest in limited circumstances

Because the Senate Bill was amended by the House, it will go back to the Senate for those amendments to be considered.

With only a few days left in session, we are asking member dentists to act now to share with your Senators how this legislative change would impact your practice and your patients.

Please take a moment to submit your information and send a message of support. After clicking "submit" with your information, you can review, personalize, and submit your message.

CONTACT YOUR LEGISLATOR TODAY