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Virginia Medical Malpractice Insurance

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Cunningham Group is here for Virginia Physicians & Medical Professionals

We are Medical Malpractice Insurance Specialists helping physicians, medical professionals and medical groups across specialties get medical malpractice coverage at cost-effective rates – as well as providing valuable tools and resources.

Founded in 1947, our experienced liability specialists will customize a policy to the specific needs of you and your practice.
Get all the physician discounts you are entitled to, including: Risk Management, Claims-free and New to Practice.
We ensure you receive Prior Acts, so you avoid purchasing separate tail malpractice coverage.
We publish historic rate data for every county in the State, in partnership with the Medical Liability Monitor – the nation’s leading independent source of Medical Liability Insurance and healthcare industry news.
Access to ALL MD, our network of Connecticut healthcare defense lawyers. Free Practice Tools, including Online Patient Satisfaction Survey System and Risk Management tools.
Experience excellent customer service with our dedicated account team.

Cunningham Group Has You Covered

On average, Cunningham Group saves Physicians and Medical Professionals 20% on their medical malpractice insurance.

2021 Virginia Malpractice Insurance Marketplace Guide

Virginia Med-Mal Fast Facts

  • Most Common Limits of Liability: $2 million/$6 million
  • Major Malpractice Insurers:
    • The Doctors Company
    • Professionals Advocate Ins. Co.
    • Medical Mutual Ins. Co. of North Carolina
    • Medical Protective Co.
    • MAG Mutual Insurance Co.
  • Cost of Medical Malpractice Insurance: Moderate
  • Pending State Legislation in 2021 that could affect your rates?: No

The Virginia Malpractice Landscape

Virginia generally has a good climate for physicians, with relatively moderate medical malpractice insurance rates (especially compared to surrounding states) and a stable professional liability climate. In fact, the Institute for Legal Reform’s (ILR) 2015 report, Ranking the States: A Survey of the Fairness and Reasonableness of State Liability Systems, ranked Virginia as having the eleventh most fair and reasonable state liability system in the country. The ILR is a division of the U.S. Chamber of Commerce. Virginia also has many active carriers, contributing to greater competition and lower overall rates.

Tort Reform in Virginia

Virginia was one of the first states to implement damage caps, which were enacted through the Medical Malpractice Act of 1976. Passed in response to the medical malpractice crisis of the 1970s, this law capped aggregate damages in the Old Dominion State at $750,000. Virginia is one of only a few states with an aggregate cap on damages. An aggregate cap is different from a noneconomic damage cap in that it applies to all damages (pain and suffering, medical bills, loss of income and punitive). The cap also applies to all defendants collectively, not per defendant. Virginia’s cap was set at cap was set at $2,050,000 in 2012 and will increase each year by $50,000 through 2031.

In addition to damage caps, the Medical Malpractice Act also instituted a system of medical malpractice review panels that are responsible for assessing the validity of medical malpractice claims. At the request of either party, the case can be directed to a panel that consists of two doctors, two lawyers and a judge who will review the claim and determine if it has merit. The panel is charged with determining whether the evidence supports the conclusion that the physician failed to comply with the standard of care and whether that failure caused the injury. The findings of the panel are non-binding, but any opinion of the medical review panel is admissible as evidence in a subsequent action.

Finally, in 1986, Virginia established its Birth-Related Neurological Injury Fund, which compensates infants who suffer permanent, disabling damage to the brain or spine caused by oxygen deprivation or injury during labor, delivery or resuscitation. The birth injury program was intended to remove delivery-room lawsuits from the court system and provide for an alternative way of compensating the plaintiff because these cases have a higher rate of success and tend to result in large monetary awards. The program restructured the way injured infants are compensated for their injuries by eliminating the lump sum awards common in malpractice awards; instead, providing payment on a reimbursement basis.

Does Virginia have...

  • Damage Caps? Yes, aggregate damages are currently set at $2,250,000, and are set to increase by $50,000 each year through 2031.
  • Patient Compensation Fund? Yes, the state has a Birth-Related Neurological Injury Fund to compensate infants who suffer permanent, disabling damage to the brain or spine caused by oxygen deprivation or injury during labor, delivery or resuscitation. There is no patient compensation fund for other types of injuries.
  • Apology Law? Yes, but only to the relative or representative of a patient who has died as the result of an unanticipated outcome of health care. Statements, writings, affirmations, benevolent conduct, or benevolent gestures expressing sympathy, commiseration, condolence, compassion or a general sense of benevolence, can be made by a health care provider or facility; statements of fault are admissible.
  • Collateral Source Reform? No
  • Periodic Payments? Yes, but not required.
  • Joint Liability Reform? No
  • Limits on Plaintiff Attorney’s Fees? No

Medical Malpractice Rates in Virginia


Rates in Virginia are affordable, with OBGYNs and other specialists paying much lower premiums than in neighboring areas, like Maryland, Washington, D.C. and West Virginia. Primary care doctors may be able to find policies for less than five figures, depending on location.

Get Historic Rates

By combining our efforts with those of the Medical Liability Monitor – the nation’s leading independent source of Medical Liability Insurance news, as well as the political, legal and risk management issues that affect the healthcare industry – we’ve published historic rate data for every county in the Old Dominion State. You can view all the rates by completing the three simple steps on the left of this page. You’ll find the insights offered by this information invaluable when making your decision on your medical malpractice insurance coverage and carriers. This is only one of the many reasons that Cunningham Group Insurance has become the preferred online source for Virginia physicians, healthcare professionals and medical groups looking to find the best coverage and lower their medical malpractice insurance rates.

Coverage by Virginia County

Arlington and Fairfax counties and the independent cities of Alexandria, Fairfax, Falls Church, Manassas and Manassas Park tend to have higher rates than the rest of Virginia. These cities and counties include parts of the metro D.C. area. Other parts of the state, including areas around Richmond and Williamsburg, can have much lower premiums.

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