Senator Bill Stanley has introduced SB 1107 – a bill to eliminate Virginia’s Medical Malpractice Damages Cap. The current Medical Malpractice Damages Cap is the result of a longstanding legislative compromise. In 2010 and 2011, Virginia’s healthcare providers and the Virginia Trial Lawyers Association (VTLA) reached consensus on updates to the malpractice cap and the General Assembly passed the legislation to raise the cap annually until 2032. The model that was developed created stability and certainty for all stakeholders, while ensuring the costs of healthcare would remain affordable for Virginia patients.
The MSV strongly opposes any legislation that would remove the current medical malpractice damages cap. The MSV is joined by the Virginia Trial Lawyers Association in supporting Virginia’s existing medical malpractice cap. Eliminating the cap will add extra costs for patients seeking a lawyer and potentially create barriers to entry for patients seeking qualified representation. See MSV Policy - 15.3.02 - Medical Malpractice Cap on Damages.