Summary of Medical Malpractice Cap Impact Survey

MSV’s Medical Malpractice Cap Impact Survey now includes responses from 358 physicians and PAs practicing across the Commonwealth, representing a wide range of specialties, practice settings, and geographic regions.

MSV Medical Malpractice Background

MSV’s Medical Malpractice Cap Impact Survey now includes responses from 358 physicians and PAs practicing across the Commonwealth, representing a wide range of specialties, practice settings, and geographic regions. Nearly half (49%) practice independently, and 43% have more than 20 years of clinical experience, reflecting deep, long-standing engagement in Virginia’s healthcare system. Respondents include frontline emergency physicians, surgeons, OB/GYNs, primary care physicians, and specialists serving both urban and rural communities.

Physicians cite increased personal and financial risk, difficulty obtaining affordable coverage, reduced services, and changes in payer participation as likely outcomes. These pressures are consistently linked to reduced patient access, longer wait times, increased travel for care, and additional strain on emergency departments and hospital systems.

Taken together, the findings indicate that rapid and substantial changes to malpractice policy risk accelerating physician attrition, destabilizing independent practices, reducing Medicaid access, and creating or worsening healthcare shortage areas across the Commonwealth.

Updated Key Findings & Highlights

Practice Closure, Reduction, or Exit from Virginia

  • 76% of respondents report they would consider reducing hours, closing their practice, or leaving Virginia if the cap increases to $2.75 million in 2026 and $6 million in 2027.
  • 85% report a significant increase in personal or financial risk associated with the proposed changes.
  • Narrative responses repeatedly reference early retirement, relocation to other states, practice closure, and forced consolidation—particularly among independent and small-group practices.

Trend note: As responses increased from 135 → 178 → 358, concern about leaving practice or the state rose, not softened.

Risk of Creating or Worsening Healthcare Shortage Areas

  • 52% of respondents say their community would be medically underserved if their practice reduced services or closed.
  • 30% are not sure, indicating widespread fragility even in communities not currently designated as shortage areas.
  • Respondents describe being one of only one or two providers in certain specialties or regions, meaning even a single closure could eliminate local access.

Medicaid Access at Risk

  • 94% of respondents who answered currently see Medicaid patients.
  • 43% see more than 50 Medicaid patients per month, including 25% who see more than 100 Medicaid patients monthly.
  • If malpractice coverage becomes more expensive or harder to obtain:
    • 50% say they would reduce Medicaid participation
    • 17% say they possibly would
    • Only 6% say they would not

Physicians repeatedly note that Medicaid reimbursement already fails to cover rising overhead costs, making Medicaid access particularly vulnerable to additional malpractice pressure.

Reduced Services & Specialty Care Availability

  • 50% anticipate reducing or eliminating certain services or procedures due to increased liability exposure.
  • 80% anticipate reduced access to specialty services in their communities.
  • 55% report likely reductions in emergency or on-call availability, affecting trauma care, obstetrics, surgical services, and specialty coverage.

High-risk services—OB, emergency medicine, surgery, anesthesia, and complex specialty care—are cited as most at risk.

System-Wide Patient Impact

Respondents anticipate the following direct effects on patients:

  • 70% expect longer wait times for appointments
  • 52% expect increased travel time for care
  • 78% anticipate increased strain on hospital systems, particularly emergency departments

Qualitative responses consistently describe:

  • Weeks-to-months delays for specialty and procedural care
  • Patients traveling 1–3+ hours for services previously available locally
  • Increased reliance on emergency departments for non-emergent care
  • Loss of local OB, surgical, oncology, dermatology, behavioral health, and specialty services

© 2026 Medical Society of Virginia | 2924 Emerywood Parkway, Suite 300, Richmond, VA 23294 | 800-746-6768