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Senate committee advances proposal to exempt children under 10 from medical-malpractice damages cap; hospitals and insurers oppose
Summary
Senate Bill 904 would create an exemption to the statutory medical-malpractice damages cap for injured children under age 10. Sponsors argued catastrophic childhood injuries require lifetime care beyond the current cap; hospital, insurer and provider groups warned of higher premiums, reduced access and fiscal impacts and asked for more study.
Senate Bill 904 would create an exception to Virginia’s current $2.65 million cap on non-economic and total medical-malpractice damages for injuries to children under age 10. Sponsors said the cap disproportionately harms children who suffer catastrophic injuries that require lifelong care.
Senator Stanley, sponsor, said many severely injured children will require extraordinary lifetime medical care and that the existing cap often leaves families without resources as insurers and subrogation claims…
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