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I am a Virginia physician where I have served patients and contribute to the local economy. I write to respectfully but urgently oppose SB 536. At a moment when rising costs, federal funding uncertainty, and workforce shortages are already straining our healthcare system, this legislation would impose new financial burdens on providers that will ultimately reduce — not improve — access to care for the Virginians you represent.
A Dramatic and Unjustified Increase in Liability Exposure
SB 536 would more than double the current medical malpractice damages cap, raising it from $2.7 million to over $6 million — with automatic annual inflation adjustments adding hundreds of thousands of dollars more each year. The bill also layers on prejudgment interest atop that elevated cap, compounding the financial exposure faced by healthcare providers. Separately, it would extend the statute of limitations for filing malpractice claims by two years, injecting prolonged uncertainty and cost into every provider-patient relationship.
These changes do not simply shift numbers on paper. They translate directly into higher malpractice insurance premiums, reduced coverage availability in certain specialties, and — for providers who cannot absorb those costs — the painful decision to relocate, retire early, or limit the patients and procedures they accept. Virginia’s rural and underserved communities, already facing provider shortages, would be hit hardest.
The Promised Asset Protections Are Illusory
Proponents of SB 536 point to personal asset protection provisions as a safeguard for physicians. In practice, these protections offer little comfort. A provider qualifies for protection only by carrying malpractice coverage at the full $6 million — and rising — cap level. For many practitioners, particularly in high-risk specialties or smaller practices, such coverage is either unavailable in the market or prohibitively expensive. Most physicians carry one million in limits across the country. Moreover, the statutory language governing these protections is so poorly drafted as to render them unenforceable in meaningful circumstances. The protection is a promise that cannot be kept.
The Wrong Legislation at the Wrong Time
Virginia’s healthcare providers are already navigating one of the most difficult operating environments in recent memory. Medicaid and Medicare reimbursement rates have not kept pace with inflation. Federal funding instability threatens safety-net clinics and community health centers. Every day, I witness how fragile access to care has become for patients who rely on providers willing to accept government-insured patients, work in underserved areas, or practice in high-risk specialties.
Advancing SB 536 in this environment is not a reform — it is an accelerant. The increased liability exposure, litigation risk, and insurance costs it creates will push more providers toward the exits at precisely the moment Virginia’s communities need them most. Affordability and access are already among the most pressing healthcare issues facing your constituents. SB 536 worsens both.
I entered medicine to serve patients and to do no harm. I ask you to apply that same principle to this legislation. SB 536 would harm providers, harm access, and ultimately harm the patients we are all trying to protect. I respectfully urge you to vote no on SB 536.
