{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-38.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-38.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-38.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-38.html"}],"law_id":74543,"edition_id":1,"section_id":74543,"structure_id":12887,"section_number":"8.01-38","catch_line":"Tort liability of hospitals","history":"Code 1950, \u00a7 8-629.2; 1974, c. 552; 1976, c. 765; 1977, c. 617; 1983, c. 496; 1986, cc. 389, 454; 2000, c. 464.","full_text":"Hospital as referred to in this section shall include any institution within the definition of hospital in \u00a7 32.1-123.\n\t\tNo hospital, as defined in this section, shall be immune from liability for negligence or any other tort on the ground that it is a charitable institution unless (i) such hospital renders exclusively charitable medical services for which service no bill for service is rendered to, nor any charge is ever made to the patient or (ii) the party alleging such negligence or other tort was accepted as a patient by such institution under an express written agreement executed by the hospital and delivered at the time of admission to the patient or the person admitting such patient providing that all medical services furnished such patient are to be supplied on a charitable basis without financial liability to the patient. However, notwithstanding the provisions of \u00a7 8.01-581.15 a hospital which is exempt from taxation pursuant to \u00a7 501(c) (3) of Title 26 of the United States Code (Internal Revenue Code of 1954) and which is insured against liability for negligence or other tort in an amount not less than $500,000 for each occurrence shall not be liable for damage in excess of the limits of such insurance, or in actions for medical malpractice pursuant to Chapter 21.1 (\u00a7 8.01-581.1 et seq.) for damages in excess of the amount set forth in \u00a7 8.01-581.15.","order_by":null,"text":{"0":{"id":267888,"text":"Hospital as referred to in this section shall include any institution within the definition of hospital in \u00a7 32.1-123.\n\t\tNo hospital, as defined in this section, shall be immune from liability for negligence or any other tort on the ground that it is a charitable institution unless (i) such hospital renders exclusively charitable medical services for which service no bill for service is rendered to, nor any charge is ever made to the patient or (ii) the party alleging such negligence or other tort was accepted as a patient by such institution under an express written agreement executed by the hospital and delivered at the time of admission to the patient or the person admitting such patient providing that all medical services furnished such patient are to be supplied on a charitable basis without financial liability to the patient. However, notwithstanding the provisions of \u00a7 8.01-581.15 a hospital which is exempt from taxation pursuant to \u00a7 501(c) (3) of Title 26 of the United States Code (Internal Revenue Code of 1954) and which is insured against liability for negligence or other tort in an amount not less than $500,000 for each occurrence shall not be liable for damage in excess of the limits of such insurance, or in actions for medical malpractice pursuant to Chapter 21.1 (\u00a7 8.01-581.1 et seq.) for damages in excess of the amount set forth in \u00a7 8.01-581.15.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":12887,"edition_id":1,"name":"Injury to Person or Property","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":12886,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":280695,"object_type":"structure","relational_id":12887,"identifier":"3","token":"8.01\/3\/3","url":"\/8.01\/3\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12886,"edition_id":1,"name":"Actions","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":279635,"object_type":"structure","relational_id":12886,"identifier":"3","token":"8.01\/3","url":"\/8.01\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":71526,"structure_id":12887,"section_number":"8.01-34","catch_line":"When contribution among wrongdoers enforced","url":"\/8.01-34\/","token":"8.01\/3\/3\/8.01-34","metadata":false},{"id":56273,"structure_id":12887,"section_number":"8.01-35","catch_line":"Damages for loss of income not diminished by reimbursement","url":"\/8.01-35\/","token":"8.01\/3\/3\/8.01-35","metadata":false},{"id":71789,"structure_id":12887,"section_number":"8.01-35.1","catch_line":"Effect of release or covenant not to sue in respect to liability and contribution","url":"\/8.01-35.1\/","token":"8.01\/3\/3\/8.01-35.1","metadata":false},{"id":54115,"structure_id":12887,"section_number":"8.01-36","catch_line":"Joinder of action of tort to infant with action for recovery of expenses incurred thereby and claim for recovery of expenses by infant","url":"\/8.01-36\/","token":"8.01\/3\/3\/8.01-36","metadata":false},{"id":61407,"structure_id":12887,"section_number":"8.01-37","catch_line":"Recovery of lost wages in action for injuries to emancipated infant","url":"\/8.01-37\/","token":"8.01\/3\/3\/8.01-37","metadata":false},{"id":84122,"structure_id":12887,"section_number":"8.01-37.1","catch_line":"Claims for medical services provided by United States; proof of reasonable value","url":"\/8.01-37.1\/","token":"8.01\/3\/3\/8.01-37.1","metadata":false},{"id":74543,"structure_id":12887,"section_number":"8.01-38","catch_line":"Tort liability of hospitals","url":"\/8.01-38\/","token":"8.01\/3\/3\/8.01-38","metadata":false},{"id":80026,"structure_id":12887,"section_number":"8.01-38.1","catch_line":"Limitation on recovery of punitive damages","url":"\/8.01-38.1\/","token":"8.01\/3\/3\/8.01-38.1","metadata":false},{"id":85786,"structure_id":12887,"section_number":"8.01-39","catch_line":"Completion or acceptance of work not bar to action against independent contractor for personal injury, wrongful death or damage to property","url":"\/8.01-39\/","token":"8.01\/3\/3\/8.01-39","metadata":false},{"id":60815,"structure_id":12887,"section_number":"8.01-40","catch_line":"Unauthorized use of name or picture of any person; punitive damages; statute of limitations","url":"\/8.01-40\/","token":"8.01\/3\/3\/8.01-40","metadata":false},{"id":61512,"structure_id":12887,"section_number":"8.01-40.1","catch_line":"Action for injury resulting from violation of Computer Crimes Act; limitations","url":"\/8.01-40.1\/","token":"8.01\/3\/3\/8.01-40.1","metadata":false},{"id":57683,"structure_id":12887,"section_number":"8.01-40.2","catch_line":"Unsolicited transmission of advertising materials by facsimile machine","url":"\/8.01-40.2\/","token":"8.01\/3\/3\/8.01-40.2","metadata":false},{"id":55073,"structure_id":12887,"section_number":"8.01-40.3","catch_line":"Unauthorized dissemination, etc., of criminal history record information; civil action","url":"\/8.01-40.3\/","token":"8.01\/3\/3\/8.01-40.3","metadata":false},{"id":57913,"structure_id":12887,"section_number":"8.01-40.4","catch_line":"Civil action for unlawful creation of image of another or unlawful dissemination or sale of images of another","url":"\/8.01-40.4\/","token":"8.01\/3\/3\/8.01-40.4","metadata":false},{"id":62242,"structure_id":12887,"section_number":"8.01-40.5","catch_line":"Publishing or distributing material harmful to minors on the Internet","url":"\/8.01-40.5\/","token":"8.01\/3\/3\/8.01-40.5","metadata":false},{"id":75613,"structure_id":12887,"section_number":"8.01-41","catch_line":"Wrongful distraint, attachment","url":"\/8.01-41\/","token":"8.01\/3\/3\/8.01-41","metadata":false},{"id":54575,"structure_id":12887,"section_number":"8.01-42","catch_line":"Loss or injury to clothing in dyeing, dry cleaning, or laundering","url":"\/8.01-42\/","token":"8.01\/3\/3\/8.01-42","metadata":false},{"id":54010,"structure_id":12887,"section_number":"8.01-42.1","catch_line":"Civil action for racial, religious, or ethnic harassment, violence or vandalism","url":"\/8.01-42.1\/","token":"8.01\/3\/3\/8.01-42.1","metadata":false},{"id":71047,"structure_id":12887,"section_number":"8.01-42.2","catch_line":"Liability of guest for hotel damage","url":"\/8.01-42.2\/","token":"8.01\/3\/3\/8.01-42.2","metadata":false},{"id":70599,"structure_id":12887,"section_number":"8.01-42.3","catch_line":"Civil action for stalking","url":"\/8.01-42.3\/","token":"8.01\/3\/3\/8.01-42.3","metadata":false},{"id":80887,"structure_id":12887,"section_number":"8.01-42.4","catch_line":"Civil action for trafficking in persons","url":"\/8.01-42.4\/","token":"8.01\/3\/3\/8.01-42.4","metadata":false},{"id":63928,"structure_id":12887,"section_number":"8.01-42.5","catch_line":"Civil action for female genital mutilation","url":"\/8.01-42.5\/","token":"8.01\/3\/3\/8.01-42.5","metadata":false},{"id":73227,"structure_id":12887,"section_number":"8.01-42.6","catch_line":"Liability of employer for personal injury or death by wrongful act","url":"\/8.01-42.6\/","token":"8.01\/3\/3\/8.01-42.6","metadata":false},{"id":83062,"structure_id":12887,"section_number":"8.01-43","catch_line":"Action against parent for damage to public property by minor","url":"\/8.01-43\/","token":"8.01\/3\/3\/8.01-43","metadata":false},{"id":59911,"structure_id":12887,"section_number":"8.01-44","catch_line":"Action against parent for damage to private property by minor","url":"\/8.01-44\/","token":"8.01\/3\/3\/8.01-44","metadata":false},{"id":73464,"structure_id":12887,"section_number":"8.01-44.1","catch_line":"Immunity from civil liability of members of certain committees, etc","url":"\/8.01-44.1\/","token":"8.01\/3\/3\/8.01-44.1","metadata":false},{"id":72343,"structure_id":12887,"section_number":"8.01-44.2","catch_line":"Action against physician for vaccine-related injury or death","url":"\/8.01-44.2\/","token":"8.01\/3\/3\/8.01-44.2","metadata":false},{"id":78701,"structure_id":12887,"section_number":"8.01-44.3","catch_line":"Divulgence of communications by qualified interpreters and communications assistants","url":"\/8.01-44.3\/","token":"8.01\/3\/3\/8.01-44.3","metadata":false},{"id":83884,"structure_id":12887,"section_number":"8.01-44.4","catch_line":"Action for shoplifting and employee theft","url":"\/8.01-44.4\/","token":"8.01\/3\/3\/8.01-44.4","metadata":false},{"id":81010,"structure_id":12887,"section_number":"8.01-44.5","catch_line":"Punitive damages for persons injured by intoxicated drivers","url":"\/8.01-44.5\/","token":"8.01\/3\/3\/8.01-44.5","metadata":false},{"id":56974,"structure_id":12887,"section_number":"8.01-44.6","catch_line":"Action for injury to cemetery property","url":"\/8.01-44.6\/","token":"8.01\/3\/3\/8.01-44.6","metadata":false},{"id":81782,"structure_id":12887,"section_number":"8.01-44.7","catch_line":"Action for tampering with metering device and diverting service","url":"\/8.01-44.7\/","token":"8.01\/3\/3\/8.01-44.7","metadata":false}],"previous_section":{"id":84122,"structure_id":12887,"section_number":"8.01-37.1","catch_line":"Claims for medical services provided by United States; proof of reasonable value","url":"\/8.01-37.1\/","token":"8.01\/3\/3\/8.01-37.1","metadata":false},"next_section":{"id":80026,"structure_id":12887,"section_number":"8.01-38.1","catch_line":"Limitation on recovery of punitive damages","url":"\/8.01-38.1\/","token":"8.01\/3\/3\/8.01-38.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-38\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 6 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1974, chapter 552; in 1976, chapter 765; in 1977, chapter 617; in 1983, chapter 496; in 1986, chapters 389 and 454; in 2000, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?001+ful+CHAP0464\">464<\/a>.<\/p>","references":false,"refers_to":[{"id":80727,"section_number":"32.1-123","catch_line":"(Effective January 1, 2026) Definitions","order_by":null,"url":"\/32.1-123\/"},{"id":79489,"section_number":"8.01-581.1","catch_line":"Definitions","order_by":null,"url":"\/8.01-581.1\/"},{"id":66555,"section_number":"8.01-581.15","catch_line":"Limitation on recovery in certain medical malpractice actions","order_by":null,"url":"\/8.01-581.15\/"}],"permalink":{"id":280721,"object_type":"law","relational_id":74543,"identifier":"8.01-38","token":"8.01\/3\/3\/8.01-38","url":"\/8.01-38\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-38\/","token":"8.01\/3\/3\/8.01-38","dublin_core":{"Title":"Tort liability of hospitals","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-38","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>Hospital as referred to in this section shall include any institution within the definition of hospital in \u00a7&nbsp;<a class=\"law\" title=\"(Effective January 1, 2026) Definitions\" href=\"\/32.1-123\/\">32.1-123<\/a>.\n\t\tNo hospital, as defined in this section, shall be immune from liability for <span class=\"dictionary\">negligence<\/span> or any other <span class=\"dictionary\">tort<\/span> on the ground that it is a charitable institution unless (i) such hospital renders exclusively charitable medical services for which service no bill for service is rendered to, nor any charge is ever made to the patient or (ii) the <span class=\"dictionary\">party<\/span> alleging such <span class=\"dictionary\">negligence<\/span> or other <span class=\"dictionary\">tort<\/span> was accepted as a patient by such institution under an express written agreement executed by the hospital and delivered at the time of admission to the patient or the <span class=\"dictionary\">person<\/span> admitting such patient providing that all medical services furnished such patient are to be supplied on a charitable basis without financial liability to the patient. However, notwithstanding the provisions of \u00a7&nbsp;<a class=\"law\" title=\"Limitation on recovery in certain medical malpractice actions\" href=\"\/8.01-581.15\/\">8.01-581.15<\/a> a hospital which is exempt from taxation pursuant to \u00a7&nbsp;501(c) (3) of Title 26 of the United States Code (Internal Revenue Code of 1954) and which is insured against liability for <span class=\"dictionary\">negligence<\/span> or other <span class=\"dictionary\">tort<\/span> in an amount not less than $500,000 for each occurrence shall not be liable for damage in excess of the limits of such insurance, or in <span class=\"dictionary\">actions<\/span> for medical malpractice pursuant to Chapter 21.1 (\u00a7&nbsp;<a class=\"law\" title=\"Definitions\" href=\"\/8.01-581.1\/\">8.01-581.1<\/a> et seq.) for <span class=\"dictionary\">damages<\/span> in excess of the amount set forth in \u00a7&nbsp;<a class=\"law\" title=\"Limitation on recovery in certain medical malpractice actions\" href=\"\/8.01-581.15\/\">8.01-581.15<\/a>.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nTORT LIABILITY OF HOSPITALS (\u00a7 8.01-38)\n\nHospital as referred to in this section shall include any institution within the\ndefinition of hospital in \u00a7 32.1-123.\n\t\tNo hospital, as defined in this section, shall be immune from liability for\nnegligence or any other tort on the ground that it is a charitable institution\nunless (i) such hospital renders exclusively charitable medical services for\nwhich service no bill for service is rendered to, nor any charge is ever made to\nthe patient or (ii) the party alleging such negligence or other tort was\naccepted as a patient by such institution under an express written agreement\nexecuted by the hospital and delivered at the time of admission to the patient\nor the person admitting such patient providing that all medical services\nfurnished such patient are to be supplied on a charitable basis without\nfinancial liability to the patient. However, notwithstanding the provisions of\n\u00a7 8.01-581.15 a hospital which is exempt from taxation pursuant to \u00a7 501(c)\n(3) of Title 26 of the United States Code (Internal Revenue Code of 1954) and\nwhich is insured against liability for negligence or other tort in an amount not\nless than $500,000 for each occurrence shall not be liable for damage in excess\nof the limits of such insurance, or in actions for medical malpractice pursuant\nto Chapter 21.1 (\u00a7 8.01-581.1 et seq.) for damages in excess of the amount set\nforth in \u00a7 8.01-581.15.\n\nHISTORY: Code 1950, \u00a7 8-629.2; 1974, c. 552; 1976, c. 765; 1977, c. 617; 1983,\nc. 496; 1986, cc. 389, 454; 2000, c. 464.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}