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SJ 21

Medical errors; Jt. Com. on Health Care to study options for establishing protected reporting system

2026 Regular Session Introduced by Barbara Favola

Virginia would study creating a protected medical error reporting system to improve patient safety while shielding providers from liability for honest error disclosure.

Stricken at request of Patron in Rules (Voice Vote)
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Bill Summary · SJ 21

Legislative bill overview

SJ 21 would have directed Virginia's Joint Commission on Health Care to study and recommend options for establishing a protected reporting system for medical errors. The bill aimed to create a framework where healthcare providers could report adverse events and near-misses without fear that those reports would be used against them in litigation or licensing proceedings.

Why is this important

Medical error reporting systems, when properly protected from legal discovery, can improve patient safety by encouraging transparent communication about what went wrong and why. Currently, healthcare providers may avoid reporting errors due to liability concerns, which prevents systematic learning and quality improvements across the healthcare system. Establishing such protections could balance accountability with safety improvement.

Potential points of contention

  • Legal liability concerns: Healthcare providers and malpractice insurers may want broad protections, while patient advocates and plaintiff attorneys worry that shielding error reports from discovery could obstruct justice and prevent injured patients from obtaining evidence
  • Scope of protection: Questions about what communications qualify for protection (e.g., should candid conversations with patients be shielded differently than internal incident reports?)
  • Funding and implementation: Establishing and maintaining a new reporting infrastructure requires resources and coordination among hospitals, clinics, and regulatory agencies with potentially competing interests

Compiled from official sources — confirm details with the bill’s official record.

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