Rushing Medical Malpractice Legislation Could Have Unintended Consequences
During the 2026 General Assembly session, Senate Bill 536 (SB 536) was transformed into a bill to significantly increase the medical malpractice cap in Virginia. As written, the bill will raise the cap from $2.75 million to $6 million. This bill has moved fast and faced highly unusual circumstances. Despite these intense conditions, the General Assembly has demonstrated a willingness to engage with the concerns of the medical community. The bill was passed by the House of Delegates, and we still have much work to do.
Consequences for our Patients
Over the past decade, many independent physicians have had to close their practices because of increased costs, impacting countless numbers of patients across the Commonwealth. This predominantly affects small and rural health systems who regularly care for patients who rely on Medicaid, Medicare, or who have no insurance at all. When access to primary or preventive care disappears, patients often have only one option: the emergency department. With Virginia’s ERs already overcrowded, our safety net is suffering. At the same time, Virginia is approaching a significant Medicaid fiscal challenge in 2027, when the Commonwealth could assume billions in additional costs. Increasing medical malpractice premiums would further raise the cost of care without improving access for patients.
Consequences for our Clinicians
From the first days of training, physicians are guided by evidence‑based care, clinical judgment, and the ethical obligation to do what is medically necessary for each patient. Physicians and the entire healthcare team came into this profession to care for patients and to be at the table to ensure healthcare is fair, ethical, and the highest quality. Putting patients first is our profession’s mission and the essence of our training.
Just like when caring for patients, the Medical Society of Virginia and its members aren’t leaving the room or closing the door on the medical malpractice conversation. Throughout 2025 and into 2026 we never left the room and worked over and over again to protect the Commonwealth as this legislation evolved. MSV’s guiding mission is to preserve a medical malpractice cap that protects both patients and clinicians, and to reduce harm in a rapidly changing environment. Legislation that significantly alters the medical liability system requires careful analysis grounded in credible health policy data. By staying at the table as legislators, physicians, and patients, we will be able to come to a solution that is truly best for the Virginians we have sworn to protect.
Give Virginia more time to assess the effects on our healthcare system!
The Medical Society of Virginia has requested of our legislators that we continue our work on this complex issue after the legislative session, given the complexity of all of the issues that the bill brings with it. We have respectfully asked that the proposed legislation be postponed for this year, and studied while the Legislators are of out of session to work through the complexities. The MSV will continue to work with other stakeholders for a solution best for all Virginians. We are asking that our patients support our efforts as well.
Signed by MSV Presidents and 2026 Executive Committee
Carol S. Shapiro, MD, MBA ‑ 1998
Lawrence E. Blanchard III, MD ‑ 1999
Randolph J. Gould, MD ‑ 2001
William A. Hazel, Jr., MD ‑ 2002
Mitchell B. Miller, MD ‑ 2004
David A. Ellington, MD ‑ 2005
Norris A. Royston, Jr., MD ‑ 2006
Richard M. Hamrick II, MD, MBA ‑ 2008
Thomas W. Eppes, Jr., MD ‑ 2009
Daniel Carey, MD‑ 2010
Cynthia C. Romero, MD, FAAFP ‑ 2011 Russell C. Libby, MD FAAP ‑ 2013
Sterling N. Ransone, MD, FAAFP ‑ 2014
William C. Reha, MD, MBA ‑ 2015
Edward G. Koch, MD, FACOG ‑ 2016 Bhushan H. Pandya, MD‑ 2017
Kurtis Scott Elward, MD ‑ 2018
Richard A. Szucs, MD ‑ 2019
Clifford L. Deal, III, MD ‑ 2020
Arthur J. Vayer, Jr., MD, FACS ‑ 2021
Mohit Nanda, MD ‑ 2022
Harry L. Gewanter, MD, FAAP, MACR ‑ 2023 Alice T. Coombs, MD, FCCP, MPA ‑ 2024
Joel T. Bundy, MD, FACP, FAAPL, CPE ‑ 2025
Mark D. Townsend, MD, MHCM ‑ 2026
2026 Executive Committee Members
Arturo P. Saavedra, MD, PhD, MBA, FAAD
Steven J. Lewis, MD, MPH
Michele A. Nedelka, MD
Marc C. Alembik, MD
Stephen P. Combs, MD, CPE, CPHQ,
FACFE, FAAP
Brenda L. Stokes, MD
Write your representatives today using our Voter Voice and tell them to OPPOSE ANY VERSION OF SB 536 THAT HURTS HEALTHCARE!
