September 22, 2026

Malpractice Cap

Coastal Virginia Medical Society
cvmedsoc@gmail.com

Dear Members and Colleagues,

I am writing to express serious concern regarding proposals before the Virginia General Assembly that would raise the Commonwealth’s medical malpractice damages cap to $6 million.

Physicians recognize that patients who experience injuries resulting from medical negligence deserve fair and appropriate compensation. At the same time, any substantial change to Virginia’s medical liability system must be approached carefully and supported by reliable actuarial, economic, and workforce data. More than doubling the cap could produce significant unintended consequences for patients, physicians, and the healthcare system as a whole.

A dramatic increase in the cap would almost certainly lead to higher malpractice insurance premiums by 30% or more, reduced availability of liability coverage, and greater financial exposure for physicians. These effects would be particularly difficult for independent practitioners, small medical groups, rural physicians, and specialists working in fields already facing high liability costs. Some physicians could be forced to limit high-risk services, retire early, leave Virginia, or abandon independent practice.

The resulting consequences would extend well beyond the medical profession. Patients could experience reduced access to obstetrical, surgical, emergency, and other essential services. Higher liability expenses would ultimately be incorporated into the cost of medical care. Physicians might also feel compelled to practice more defensive medicine, ordering additional tests, consultations, and procedures primarily to reduce legal exposure rather than to improve patient outcomes.

Virginia’s current medical liability framework was developed through years of negotiation among physicians, hospitals, insurers, attorneys, and patient representatives. It provides predictable annual increases in the cap while maintaining stability in the malpractice insurance market. Replacing that measured approach with an abrupt increase to $6 million should not occur without a comprehensive assessment of its likely effects.

I respectfully request that the Coastal Virginia Medical Society:

Formally oppose any abrupt increase in the malpractice cap to $6 million.
Communicate the concerns of Coastal Virginia physicians to our state legislators.
Work closely with the Medical Society of Virginia and other healthcare organizations on a coordinated advocacy response.
Request an independent actuarial analysis of the proposal’s effects on premiums, insurance availability, physician recruitment, and patient access.
Encourage legislators to include practicing physicians—especially independent, rural, and high-risk specialists—in all negotiations concerning medical liability reform.
Keep members informed and provide practical opportunities for physicians to contact their delegates and senators.

This issue is not simply about protecting physicians from liability. It is about maintaining a stable healthcare environment in which injured patients can receive appropriate compensation while Virginians continue to have access to qualified physicians and essential medical services.

I urge the Coastal Virginia Medical Society to take a strong and visible position on this matter. Our organization can play an important role in ensuring that legislators understand how a sudden and substantial increase in the malpractice cap could affect both the medical profession and the patients we serve. Other component Virginia Medical Societies, including the Medical Society of Northern Virginia, Richmond Academy of Medicine and Lynchburg Academy of Medicine, have also taken this stand.

Please offer a reply to this letter regarding whether you support us in stopping this proposed increase in the Virginia malpractice cap.

Also please consider calling or writing to your Virginia State Representatives regarding this issue. You may just copy excerpts from the above letter and sign it.

Thank you for your leadership and advocacy on behalf of physicians and patients throughout Coastal Virginia.

Sincerely, Gregory J. Warth, MD, FACP President, Coastal Virginia Medical Society cvmedsoc@gmail.com cvmedicalsociety.org