Action Needed: Contact Legislators about the Medical Malpractice Cap
Contact your legislators: Tell your legislators to oppose any version of SB 536 that increases liability or harms Virginia’s health care providers.
What’s happening: SB 536 bill has gone through several iterations during the legislative session. The House of Delegates is pushing for it to more than double the medical malpractice cap from $2.75 million in 2026 to $6 million in 2027, while the Senate intended it to focus more narrowly on allowing a plaintiff to recover prejudgment interest as part of a medical malpractice claim.
- Now a small group of legislators is negotiating the details of the bill language with broad authority to rewrite the legislation, including reinstating provisions that substantially increase liability exposure.
Why it matters: Any increase in liability could drive up medical malpractice insurance premiums, adding financial strain for nursing homes and other health care providers already operating under significant economic pressures.
- This concern is magnified by the real possibility that this year’s state budget may not include an inflation adjustment for nursing homes, which would result in an estimated $120 million loss over FY27 & FY28.
The bottom line: Nursing homes in Virginia remain focused on providing safe, high-quality care to residents and cannot absorb additional financial burdens without impacting access to care.
- Please contact your legislators today and urge them to oppose any version of SB536 that increases liability or harms Virginia’s nursing homes, hospitals, physicians, and other health care providers.
