Virginia Injury Lawyer Blog
Virginia’s medical malpractice cap has been defended for years with many arguments. One of the most pervasive: raise it, and doctors will flee the state. Senate Bill 536 may finally put that myth to rest.
SB536 passed the 2026 General Assembly as a data transparency measure, requiring insurers and health systems to disclose malpractice premiums, claims, and liability costs to lawmakers for each calendar year. The current cap stays for now — but the data collected will give legislators facts to work with. That matters because the “doctor flight” argument has consistently been challenged by plaintiffs’ attorneys and those helping the severely injured.
For injured Virginians, the cap’s inadequacy is real. In catastrophic cases, $2.7 million (the current cap) doesn’t begin to cover lifetime care costs. No other industry in Virginia enjoys this kind of liability shield. SB536’s sponsor, Sen. Obenshain, noted the cap hasn’t kept pace with inflation — noting it should be roughly $8 million in today’s dollars.
For Frei, Mims and Perushek, and all those who represent the injured, we look forward to the day when the cap is eliminated or seriously reformed. This legislation moves us in the right direction. When the data arrives, Virginia will finally be able to separate myth from medicine — and reform the cap accordingly.