Virginia General Assembly passes SB536 to revise medical malpractice damages cap

A recently approved measure sponsored by State Sen. Mark D. Obenshain is set to revise Virginia’s medical malpractice damages cap schedule, increasing the maximum amounts claimants can recover in such cases, according to the Virginia State Senate.

Both legislative chambers passed the bill, which was officially enrolled as of March 30, 2026, with a House tally of 53-43 and a unanimous Senate vote of 40-0.

Filed as SB536 on Jan. 14, 2026, during the legislature’s 2026 regular session, the General Assembly described the measure as: “Medical malpractice information disclosures; report.”

Please see our breakdown below, based on the actual bill text, which may involve interpretation for further clarity.

The legislation raises Virginia’s cap on damages recoverable in medical malpractice cases, setting a timeline of maximum amounts based on the date the act occurred. The cap rises from $1.5 million for malpractice after Aug. 1, 1999, to $2.95 million for incidents through June 30, 2031. Acts of malpractice on or after July 1, 2031, would fall under a $3 million cap. Annual increases apply to acts committed on or after their specified dates. Prejudgment interest that accrues before a jury verdict or court judgment is not counted in the cap.

On the House side, 49 Democrats and 4 Republicans supported the legislation, while 12 Democrats and 31 Republicans voted against it.

In the Senate, votes in favor included 21 Democrats and 19 Republicans.

Sen. Mark D. Obenshain (Republican-2nd District) was the bill’s sole sponsor.

Obenshain earned his bachelor’s degree from Virginia Polytechnic Institute and State University in 1984 and a JD from Washington and Lee University in 1987.

Obenshain, a Republican, was elected in 2024 to serve Virginia’s 2nd Senate district, succeeding Mamie Locke.

In Virginia, the legislative process starts when a bill is introduced in either the House of Delegates or Senate and assigned to committees for consideration and potential changes. If it passes committee, it goes to the floor in both chambers for further debate and voting. Once both chambers approve, the bill goes to the governor, who can either sign it, veto it, or allow it to become law without a signature. The regular session of the Virginia General Assembly convenes annually, beginning on the second Monday in January, with lawmakers introducing hundreds of bills, not all of which become law.

Information for this article is sourced from the Virginia State Senate. The original data is available here.