{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-52.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-52.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-52.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-52.1.html"}],"law_id":77689,"edition_id":1,"section_id":77689,"structure_id":14473,"section_number":"8.01-52.1","catch_line":"Admissibility of expressions of sympathy","history":"2005, cc. 649, 692; 2009, c. 414.","full_text":"In any wrongful death action brought pursuant to \u00a7 8.01-50 against a health care provider, or in any arbitration or medical malpractice review panel proceeding related to such wrongful death action, the portion of statements, writings, affirmations, benevolent conduct, or benevolent gestures expressing sympathy, commiseration, condolence, compassion, or a general sense of benevolence, together with apologies that are made by a health care provider or an agent of a health care provider to a relative of the patient, or a representative of the patient about the death of the patient as a result of the unanticipated outcome of health care, shall be inadmissible as evidence of an admission of liability or as evidence of an admission against interest. A statement of fault that is part of or in addition to any of the above shall not be made inadmissible by this section.\n\t\tFor purposes of this section, unless the context otherwise requires:\n\t\t“Health care” has the same definition as provided in \u00a7 8.01-581.1.\n\t\t“Health care provider” has the same definition as provided in \u00a7 8.01-581.1.\n\t\t“Relative” means a decedent’s spouse, parent, grandparent, stepfather, stepmother, child, grandchild, brother, sister, half-brother, half-sister, or spouse’s parents. In addition, “relative” includes any person who had a family-type relationship with the decedent.\n\t\t“Representative” means a legal guardian, attorney, person designated to make decisions on behalf of a patient under a medical power of attorney, or any person recognized in law or custom as a patient’s agent.\n\t\t“Unanticipated outcome” means the outcome of the delivery of health care that differs from an expected result.","order_by":null,"text":{"0":{"id":278681,"text":"In any wrongful death action brought pursuant to \u00a7 8.01-50 against a health care provider, or in any arbitration or medical malpractice review panel proceeding related to such wrongful death action, the portion of statements, writings, affirmations, benevolent conduct, or benevolent gestures expressing sympathy, commiseration, condolence, compassion, or a general sense of benevolence, together with apologies that are made by a health care provider or an agent of a health care provider to a relative of the patient, or a representative of the patient about the death of the patient as a result of the unanticipated outcome of health care, shall be inadmissible as evidence of an admission of liability or as evidence of an admission against interest. A statement of fault that is part of or in addition to any of the above shall not be made inadmissible by this section.\n\t\tFor purposes of this section, unless the context otherwise requires:\n\t\t“Health care” has the same definition as provided in \u00a7 8.01-581.1.\n\t\t“Health care provider” has the same definition as provided in \u00a7 8.01-581.1.\n\t\t“Relative” means a decedent’s spouse, parent, grandparent, stepfather, stepmother, child, grandchild, brother, sister, half-brother, half-sister, or spouse’s parents. In addition, “relative” includes any person who had a family-type relationship with the decedent.\n\t\t“Representative” means a legal guardian, attorney, person designated to make decisions on behalf of a patient under a medical power of attorney, or any person recognized in law or custom as a patient’s agent.\n\t\t“Unanticipated outcome” means the outcome of the delivery of health care that differs from an expected result.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14473,"edition_id":1,"name":"Death by Wrongful Act","identifier":"5","label":"article","depth":3,"order_by":1,"parent_id":12886,"metadata":{},"date_created":"2026-06-26 03:48:15","date_modified":"2026-06-26 03:48:15","permalink":{"id":280859,"object_type":"structure","relational_id":14473,"identifier":"5","token":"8.01\/3\/5","url":"\/8.01\/3\/5\/","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":78150,"structure_id":14473,"section_number":"8.01-50","catch_line":"Action for death by wrongful act; how and when to be brought","url":"\/8.01-50\/","token":"8.01\/3\/5\/8.01-50","metadata":false},{"id":60390,"structure_id":14473,"section_number":"8.01-50.1","catch_line":"Certification of expert witness opinion at time of service of process","url":"\/8.01-50.1\/","token":"8.01\/3\/5\/8.01-50.1","metadata":false},{"id":69675,"structure_id":14473,"section_number":"8.01-51","catch_line":"No action when deceased has compromised claim","url":"\/8.01-51\/","token":"8.01\/3\/5\/8.01-51","metadata":false},{"id":66764,"structure_id":14473,"section_number":"8.01-52","catch_line":"Amount of damages","url":"\/8.01-52\/","token":"8.01\/3\/5\/8.01-52","metadata":false},{"id":77689,"structure_id":14473,"section_number":"8.01-52.1","catch_line":"Admissibility of expressions of sympathy","url":"\/8.01-52.1\/","token":"8.01\/3\/5\/8.01-52.1","metadata":false},{"id":63421,"structure_id":14473,"section_number":"8.01-53","catch_line":"Class and beneficiaries; when determined","url":"\/8.01-53\/","token":"8.01\/3\/5\/8.01-53","metadata":false},{"id":55857,"structure_id":14473,"section_number":"8.01-54","catch_line":"Judgment to distribute recovery when verdict fails to do so","url":"\/8.01-54\/","token":"8.01\/3\/5\/8.01-54","metadata":false},{"id":58794,"structure_id":14473,"section_number":"8.01-55","catch_line":"Compromise of claim for death by wrongful act","url":"\/8.01-55\/","token":"8.01\/3\/5\/8.01-55","metadata":false},{"id":75330,"structure_id":14473,"section_number":"8.01-56","catch_line":"When right of action not to determine nor action to abate","url":"\/8.01-56\/","token":"8.01\/3\/5\/8.01-56","metadata":false}],"previous_section":{"id":66764,"structure_id":14473,"section_number":"8.01-52","catch_line":"Amount of damages","url":"\/8.01-52\/","token":"8.01\/3\/5\/8.01-52","metadata":false},"next_section":{"id":63421,"structure_id":14473,"section_number":"8.01-53","catch_line":"Class and beneficiaries; when determined","url":"\/8.01-53\/","token":"8.01\/3\/5\/8.01-53","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-52.1\/","history_text":"

This law was first created in 2005. The record of its establishment is cataloged in chapters 649<\/a> and 692<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. 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. That modification is as follows: in 2009, chapter 414<\/a>.<\/p>","references":false,"refers_to":[{"id":78150,"section_number":"8.01-50","catch_line":"Action for death by wrongful act; how and when to be brought","order_by":null,"url":"\/8.01-50\/"},{"id":79489,"section_number":"8.01-581.1","catch_line":"Definitions","order_by":null,"url":"\/8.01-581.1\/"}],"permalink":{"id":280877,"object_type":"law","relational_id":77689,"identifier":"8.01-52.1","token":"8.01\/3\/5\/8.01-52.1","url":"\/8.01-52.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-52.1\/","token":"8.01\/3\/5\/8.01-52.1","dublin_core":{"Title":"Admissibility of expressions of sympathy","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-52.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

In any wrongful death action<\/span> brought pursuant to \u00a7 8.01-50<\/a> against a health care provider, or in any arbitration or medical malpractice review panel<\/span> proceeding related to such wrongful death action<\/span>, the portion of statements, writings, affirmations, benevolent conduct, or benevolent gestures expressing sympathy, commiseration, condolence, compassion, or a general sense of benevolence, together with apologies that are made by a health care provider or an agent of a health care provider to a relative<\/span> of the patient, or a representative<\/span> of the patient about the death of the patient as a result of the unanticipated outcome<\/span> of health care, shall be inadmissible as evidence<\/span> of an admission of liability or as evidence<\/span> of an admission against interest. A statement of fault that is part of or in addition to any of the above shall not be made inadmissible by this section.\n\t\tFor purposes of this section, unless the context otherwise requires:\n\t\t“Health care” has the same definition as provided in \u00a7 8.01-581.1<\/a>.\n\t\t“Health care provider” has the same definition as provided in \u00a7 8.01-581.1<\/a>.\n\t\t“Relative<\/span>” means a decedent’s spouse, parent, grandparent, stepfather, stepmother, child, grandchild, brother, sister, half-brother, half-sister, or spouse’s parents. In addition, “relative<\/span>” includes any person<\/span> who had a family-type relationship with the decedent.\n\t\t“Representative<\/span>” means a legal guardian, attorney, person<\/span> designated to make decisions on behalf of a patient under a medical power of attorney<\/span>, or any person<\/span> recognized in law<\/span> or custom as a patient’s agent.\n\t\t“Unanticipated outcome<\/span>” means the outcome of the delivery of health care that differs from an expected result.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nADMISSIBILITY OF EXPRESSIONS OF SYMPATHY (\u00a7 8.01-52.1)\n\nIn any wrongful death action brought pursuant to \u00a7 8.01-50 against a health\ncare provider, or in any arbitration or medical malpractice review panel\nproceeding related to such wrongful death action, the portion of statements,\nwritings, affirmations, benevolent conduct, or benevolent gestures expressing\nsympathy, commiseration, condolence, compassion, or a general sense of\nbenevolence, together with apologies that are made by a health care provider or\nan agent of a health care provider to a relative of the patient, or a\nrepresentative of the patient about the death of the patient as a result of the\nunanticipated outcome of health care, shall be inadmissible as evidence of an\nadmission of liability or as evidence of an admission against interest. A\nstatement of fault that is part of or in addition to any of the above shall not\nbe made inadmissible by this section.\n\t\tFor purposes of this section, unless the context otherwise requires:\n\t\t“Health care” has the same definition as provided in \u00a7\n8.01-581.1.\n\t\t“Health care provider” has the same definition as provided in \u00a7\n8.01-581.1.\n\t\t“Relative” means a decedent’s spouse, parent, grandparent,\nstepfather, stepmother, child, grandchild, brother, sister, half-brother,\nhalf-sister, or spouse’s parents. In addition, “relative”\nincludes any person who had a family-type relationship with the decedent.\n\t\t“Representative” means a legal guardian, attorney, person\ndesignated to make decisions on behalf of a patient under a medical power of\nattorney, or any person recognized in law or custom as a patient’s agent.\n\t\t“Unanticipated outcome” means the outcome of the delivery of\nhealth care that differs from an expected result.\n\nHISTORY: 2005, cc. 649, 692; 2009, c. 414.","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}}