Bill would increase cap on medical malpractice awards from $2.7M to $6M - Insurance News | InsuranceNewsNet

InsuranceNewsNet — Your Industry. One Source.™

Sign in
  • Subscribe
  • About
  • Advertise
  • Contact
Home Now reading Property and Casualty News
Topics
    • Advisor News
    • Annuity Index
    • Annuity News
    • Companies
    • Earnings
    • Fiduciary
    • From the Field: Expert Insights
    • Health/Employee Benefits
    • Insurance & Financial Fraud
    • INN Magazine
    • Insiders Only
    • Life Insurance News
    • Newswires
    • Property and Casualty
    • Regulation News
    • Sponsored Articles
    • Washington Wire
    • Videos
    • ———
    • About
    • Meet our Editorial Staff
    • Advertise
    • Contact
    • Newsletters
  • Exclusives
  • NewsWires
  • Magazine
  • Newsletters
Sign in or register to be an INNsider.
  • AdvisorNews
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Exclusives
  • INN Magazine
  • Insurtech
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Video
  • Washington Wire
  • Life Insurance
  • Annuities
  • Advisor
  • Health/Benefits
  • Property & Casualty
  • Insurtech
  • About
  • Advertise
  • Contact
  • Editorial Staff

Get Social

  • Facebook
  • X
  • LinkedIn
Newswires
Property and Casualty News RSS Get our newsletter
Order Prints
March 6, 2026 Property and Casualty News
Share
Share
Post
Email

Bill would increase cap on medical malpractice awards from $2.7M to $6M

DAVE RESS Richmond Times-DispatchFree Lance-Star

A sweeping, last-minute rewrite of a limited bill about interest payments on medical malpractice lawsuits would more than double a current cap that often leaves victims with millions of dollars less than their lifetime of care will require.

The rewrite would increase the cap on medical malpractice awards from the current $2.7 million to $6 million, beginning next year.

It also extends the current two-year statute of limitations for most cases, by saying the deadline for bringing a lawsuit should start when patients become aware of the negligence or error and not when the incident happened. In many cases, patients don't find out until years afterward.

Bill would ease pressure on Virginia's overcrowded mental hospitals

"This is for patients, families, people who have suffered. And you know, we just want to make sure that they are fairly treated," said state Sen. Mark Obenshain, R-Rockingham, who sponsored the original measure, Senate Bill 536, as he urged the House Courts of Justice Committee to approve the rewrite.

"If we don't renegotiate and don't find a way to save the cap, we risk losing it altogether," he said.

"I brought this bill originally to try and relieve a little bit of pressure on the cap. I think the optimal solution is finding a solution that gives predictability to all in the health care community. I think it helps patients. I think it helps providers, I think it helps institutions," Obenshain said.

The cap, the result of an agreement between the lawyers who represent patients on one side and doctors, hospitals and insurance companies on the other, dates back to 1976, when it was set at $750,000. Adjusted for inflation, that cap would be more than $8 million now, said Elliot Buckner, a member of the Virginia Trial Lawyers Association's medical malpractice legislative committee.

"This is a number of years coming. It's year after year. Members of this body and others have advised the stakeholders that something needs to be done with medical malpractice. Something needs to be done. Bring us something, something needs to be done," he said.

"This year, we received that same message from the speaker, and he said, something needs to be done. It needs to be done this year," he said.

Later, Speaker Don Scott, D-Portsmouth, told the Richmond Times-Dispatch that it is time to look at the cap.

But lobbyists for the Virginia Hospital and Health Care Association, along with the state's biggest medical malpractice insurance company, said raising the cap would cause health care costs to rise and mean insurers would stop offering the coverage.

Rob Shinn, a lobbyist for The Doctors Company, which sells malpractice insurance, said if the firm did offer coverage up to the $6 million cap it would be very expensive. He said the usual coverage nationwide is for $1 million per occurrence.

Charlottesville attorney Les Bowers said insurers still offer coverage in states with higher caps than Virginia's, and argued that the revised bill does not go far enough.

"I try medical malpractice cases on behalf of plaintiffs all over Virginia and North Carolina. … And one of the things that I find most common is that everyone thinks a cap is a good idea until it affects them and their family," he told the committee.

"Now behind me are a whole bunch of lobbyists from multibillion dollar organizations (saying) that they cannot absorb an increased cap to $6 million, which is less than the inflation-adjusted cap of 1976, is just frankly wrong. The notion that people will stop writing policies in Virginia, it's just frankly wrong," he said.

"I cannot begin to convey to you the tragedy of representing someone who is paralyzed, who is brain-injured, who is going to require $5 (million), $10 (million), $15 million of care for decades, and tell that person, not only will your case not settle for that amount, but it won't settle for the cap, because the net effect of the cap is that when the people who follow me know that the most that they can ever have to pay is the cap, they will never pay the cap," he said, pointing to the line of hospital, business and insurance lobbyists waiting to tell the committee they oppose the bill.

Such a sweeping rewrite, with just days to go to bring the measure before the full House of Delegates and, if that body approves, to the Senate, is unusual and troubled some House committee members.

"I struggle with this issue," said Del. Jason Ballard, R-Giles. "On the one hand, I have concern for small rural hospitals that they struggle under this structure. But as Mr. Bowers put it, the other side of that equation is protecting the patient from medical negligence, and that's also a huge concern.

"Virginia is in the very small minority of states that have a total cap," he said. "I don't love the way this played out, but I do think where we are right now, this is a good deal."

The committee approved the rewrite by a bipartisan 18-4 vote.

Sen. Tim Kaine tries again to say it's up to Congress to declare war; measure fails

An online stalking nightmare in Virginia sparks General Assembly action

Older

Legal Notices

Newer

Continental General Partners with Reframe Financial to Bring the Next Evolution of Reframe LifeStage to Market

Advisor News

  • Benefit Costs Squeeze Schools, Driving Cuts, Tax Hikes And Difficult Tradeoffs
  • Why client insurance needs could change even if their life doesn’t
  • Most Gen Z investors think less than a year ahead when making financial decisions
  • IRI pitches retirement agenda to Jeffries as democrats shape affordability platform
  • Help child-free clients plan for their later years
More Advisor News

Annuity News

  • Guidance, bulletin or reg? NAIC debates form of annuity illustration update
  • Nationwide adds mutual fund-linked strategy to New Heights Select FIA
  • NUNN INTRODUCES BILL TO CUT RED TAPE, GIVE IOWANS CLEARER INSURANCE INFORMATION
  • NAIC working group pressed to accelerate annuity illustration overhaul
  • State Auditor James Brown Kicks Off Life Insurance Awareness Month With Policy Locator Tool
More Annuity News

Health/Employee Benefits News

  • How Lahn, Sand see future for Medicaid
  • Regulators claim limited power to control health insurance rate increases
  • Burcum: The fight for fertility coverage needs a governor in its corner
  • A cancer survivor hoped to work — then she lost her Medicaid disability coverage
  • How Iowa’s candidates for governor see the future of Medicaid
Sponsor
More Health/Employee Benefits News

Life Insurance News

  • AM Best Revises Outlooks to Negative for Kemper Corporation, Its Affiliates and Subsidiaries
  • WARREN PROBES RISE OF PRIVATE INVESTMENT FIRMS IN INSURANCE SECTOR FOLLOWING MARK WALTER SCANDAL
  • AM Best Affirms Credit Ratings of Erie Insurance Group’s Members and Erie Family Life Insurance Company
  • MIB reports double-digit life insurance app activity in record August
  • 42% of consumers are confused and unconvinced by life insurance
Sponsor
More Life Insurance News

NEWS INSIDE

  • Companies
  • Earnings
  • Economic News
  • INN Magazine
  • Insurtech News
  • Newswires Feed
  • Regulation News
  • Washington Wire
  • Videos

FEATURED OFFERS

Press Releases

  • Classic Car Insurer OpenRoad Insurance Expands to 40 U.S. States in Two Years
  • How Aspire General Turned an Early Technology Bet Into Claims Automation at Scale with Kyber
  • Adjusto launches AI-Native contents claims services powered by its technology platform
  • URL Insurance Group Celebrates 40 Years of Service, Growth, and Industry Leadership
  • MassMutual Ascend Surpasses $2 Billion in Lifetime Advisory Annuity Sales, Reflecting Continued Momentum in RIA Channel
More Press Releases > Add Your Press Release >

How to Write For InsuranceNewsNet

Find out how you can submit content for publishing on our website.
View Guidelines

Topics

  • Advisor News
  • Annuity Index
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • From the Field: Expert Insights
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Magazine
  • Insiders Only
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Washington Wire
  • Videos
  • ———
  • About
  • Meet our Editorial Staff
  • Advertise
  • Contact
  • Newsletters

Top Sections

  • AdvisorNews
  • Annuity News
  • Health/Employee Benefits News
  • InsuranceNewsNet Magazine
  • Life Insurance News
  • Property and Casualty News
  • Washington Wire

Our Company

  • About
  • Advertise
  • Contact
  • Meet our Editorial Staff
  • Magazine Subscription
  • Write for INN

Sign up for our FREE e-Newsletter!

Get breaking news, exclusive stories, and money- making insights straight into your inbox.

select Newsletter Options
Facebook Linkedin Twitter
© 2026 InsuranceNewsNet.com, Inc. All rights reserved.
  • Terms & Conditions
  • Privacy Policy
  • InsuranceNewsNet Magazine

Sign in with your Insider Pro Account

Not registered? Become an Insider Pro.