Medical Malpractice Cap

Virginia’s medical malpractice cap was passed in 1976 in response to Virginia’s medical malpractice crisis. As physicians faced skyrocketing med mal rates, the cap was successful in stabilizing the market and reducing the amount of awards. The cap also helped ensure that insurance companies would continue to write policies in Virginia.

Virginia’s cap has been upheld twice by the Virginia Supreme Court. In both cases, justices cited the existence of the state’s Birth Injury Fund as a key element of the cap’s constitutionality.

Resources

MSV and VTLA achieve malpractice cap agreement
3 November 2010

Medical malpractice cap agreement resource center

Medical malpractice cap agreement backgrounder

Medical malpractice cap agreement Q & A

The history of the medical malpractice cap

Medical Liability Whitepaper (PDF)