Virginia Medical Malpractice Bill Advances
A medical malpractice bill that would impose Virginia's first-ever limits on punitive damages in such cases has advanced to the House floor. The measure could impact the recruitment and retention of advanced practice nurses and midwives by potentially reducing liability exposure. The reform may also affect patient recourse and insurance terms for healthcare providers.
- Virginia law currently imposes a cap of $350,000 on punitive damages in all tort cases, including medical malpractice lawsuits. Juries are not informed of this cap, and if they award a higher amount, the judge is required to reduce it. - In addition to the limit on punitive damages, Virginia has a total cap on the amount of damages recoverable in a medical malpractice action. For injuries sustained on or after July 1, 2025, that cap is $2.70 million, and it is scheduled to increase by $50,000 each year until it reaches $3.00 million on July 1, 2031. - This total cap applies to all forms of damages combined, including economic damages (like medical bills and lost wages), non-economic damages (such as pain and suffering), and any punitive damages awarded. - Proponents of such caps argue that they help control the rising costs of medical malpractice liability insurance, which can make it easier to recruit and retain healthcare providers, especially in high-risk specialties. They also contend that litigation is an expensive and inefficient way to handle medical errors. - Opponents of damage caps argue that they can prevent severely injured patients from receiving full compensation for their losses, particularly when lifetime medical expenses are extensive. They also point out that in cases of severe negligence, a cap may not be a sufficient deterrent. - For nurse-midwives, the cost and availability of professional liability insurance are significant factors in their practice. Studies in other states have shown that rising insurance premiums and liability concerns can lead to changes in practice, such as discontinuing obstetrical services or seeking employment with larger institutions that provide coverage. - A 2023 survey of Michigan certified nurse-midwives found that 35% had been named in a malpractice claim at least once in their careers, and 69% reported that liability concerns negatively impacted their clinical decision-making. - The American College of Nurse-Midwives (ACNM) has previously offered professional liability insurance for its members, with coverage amounts typically around $1 million per claim. The organization has noted that surcharges on physicians associated with nurse-midwifery practices have historically led to some practices closing.
