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House raises malpractice cap to $6 million, prompting extended debate on victims and rural provider access
Summary
The House passed SB 536 to raise the medical malpractice cap to $6 million for incidents on or after July 1, 2027, with CPI‑U adjustments every two years; supporters highlighted catastrophic patient cases and fairness, while opponents warned of insurer availability and rural hospital impact. Vote: 53–43.
The Virginia House of Delegates on March 10 approved SB 536, a substitute that raises the cap on medical malpractice recoveries to $6 million for injuries occurring on or after July 1, 2027 and establishes a two‑year CPI‑U‑based adjustment provision.
Delegate Hope, speaking for the bill, framed the measure as a long‑overdue modernization of Virginia’s malpractice law. “The time for action is now,” he said, and described multiple cases in which families faced lifetime care costs far exceeding the current statutory cap. He characterized the substitute as a compromise that balances access to care, insurance market stability and the need to make catastrophically injured patients whole.
The substitute includes periodic adjustments to the cap tied to the medical care component of the CPI‑U for the South region, an option for limited prejudgment interest recovery in certain large awards, and a requirement that nursing homes maintain specified professional liability coverage (set at $3 million per occurrence under the substitute). The substitute also narrows circumstances in which plaintiffs can recover against personal assets of individual providers.
Opponents, including several delegates representing rural areas, warned that a higher cap could make coverage more expensive or harder to obtain for some providers and could threaten services at small hospitals. Several delegates described past problems in securing higher‑limit professional liability coverage and said they feared that raising the cap now might reduce the supply of local health‑care services.
After extensive floor debate that featured patient stories, insurer availability concerns and procedural questions, the House passed SB 536 by a recorded vote of 53 yeas to 43 nays.
Next steps: because the substitute alters statutory liability limits and contains technical changes negotiated between stakeholders, further conference or enrollment steps may follow before final enactment; the measure includes a July 1, 2027 effective date for the new cap and two‑year inflation adjustments thereafter.
Sources: sponsor remarks and extended floor debate during the March 10, 2026 House session.
