{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-581.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-581.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-581.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-581.1.html"}],"law_id":79489,"edition_id":1,"section_id":79489,"structure_id":14491,"section_number":"8.01-581.1","catch_line":"Definitions","history":"Code 1950, \u00a7 8-911; 1976, c. 611; 1977, c. 617; 1981, c. 305; 1986, cc. 227, 511; 1989, cc. 146, 730; 1991, cc. 455, 464; 1993, c. 268; 1994, cc. 114, 616, 651; 2001, c. 98; 2003, cc. 487, 492; 2005, cc. 482, 649, 692; 2006, c. 638; 2008, cc. 121, 157, 169, 205; 2014, c. 89; 2015, cc. 295, 306; 2023, c. 183.","full_text":"As used in this chapter:\n\t\t“Health care” means any act, professional services in nursing homes, or treatment performed or furnished, or which should have been performed or furnished, by any health care provider for, to, or on behalf of a patient during the patient’s medical diagnosis, care, treatment or confinement.\n\t\t“Health care provider” means (i) a person, corporation, facility or institution licensed by this Commonwealth to provide health care or professional services as a physician or hospital, a dentist, a pharmacist, a registered nurse or licensed practical nurse or a person who holds a multistate privilege to practice such nursing under the Nurse Licensure Compact, an advanced practice registered nurse, an optometrist, a podiatrist, a physician assistant, a chiropractor, a physical therapist, a physical therapy assistant, a clinical psychologist, a clinical social worker, a professional counselor, a licensed marriage and family therapist, a licensed dental hygienist, a health maintenance organization, or an emergency medical care attendant or technician who provides services on a fee basis; (ii) a professional corporation, all of whose shareholders or members are so licensed; (iii) a partnership, all of whose partners are so licensed; (iv) a nursing home as defined in \u00a7 54.1-3100 except those nursing institutions conducted by and for those who rely upon treatment by spiritual means alone through prayer in accordance with a recognized church or religious denomination; (v) a professional limited liability company comprised of members as described in subdivision A 2 of \u00a7 13.1-1102; (vi) a corporation, partnership, limited liability company or any other entity, except a state-operated facility, which employs or engages a licensed health care provider and which primarily renders health care services; or (vii) a director, officer, employee, independent contractor, or agent of the persons or entities referenced herein, acting within the course and scope of his employment or engagement as related to health care or professional services.\n\t\t“Health maintenance organization” means any person licensed pursuant to Chapter 43 (\u00a7 38.2-4300 et seq.) of Title 38.2 who undertakes to provide or arrange for one or more health care plans.\n\t\t“Hospital” means a public or private institution licensed pursuant to Chapter 5 (\u00a7 32.1-123 et seq.) of Title 32.1 or Article 2 (\u00a7 37.2-403 et seq.) of Chapter 4 of Title 37.2.\n\t\t“Impartial attorney” means an attorney who has not represented (i) the claimant, his family, his partners, co-proprietors or his other business interests; or (ii) the health care provider, his family, his partners, co-proprietors or his other business interests.\n\t\t“Impartial health care provider” means a health care provider who (i) has not examined, treated or been consulted regarding the claimant or his family; (ii) does not anticipate examining, treating, or being consulted regarding the claimant or his family; or (iii) has not been an employee, partner or co-proprietor of the health care provider against whom the claim is asserted.\n\t\t“Malpractice” means any tort action or breach of contract action for personal injuries or wrongful death, based on health care or professional services rendered, or which should have been rendered, by a health care provider, to a patient.\n\t\t“Patient” means any natural person who receives or should have received health care from a licensed health care provider except those persons who are given health care in an emergency situation which exempts the health care provider from liability for his emergency services in accordance with \u00a7 8.01-225 or 44-146.23.\n\t\t“Physician” means a person licensed to practice medicine or osteopathy in this Commonwealth pursuant to Chapter 29 (\u00a7 54.1-2900 et seq.) of Title 54.1.\n\t\t“Professional services in nursing homes” means services provided in a nursing home, as that term is defined in clause (iv) of the definition of health care provider in this section, by a health care provider related to health care, staffing to provide patient care, psycho-social services, personal hygiene, hydration, nutrition, fall assessments or interventions, patient monitoring, prevention and treatment of medical conditions, diagnosis or therapy.","order_by":null,"text":{"0":{"id":284733,"text":"As used in this chapter:\n\t\t“Health care” means any act, professional services in nursing homes, or treatment performed or furnished, or which should have been performed or furnished, by any health care provider for, to, or on behalf of a patient during the patient’s medical diagnosis, care, treatment or confinement.\n\t\t“Health care provider” means (i) a person, corporation, facility or institution licensed by this Commonwealth to provide health care or professional services as a physician or hospital, a dentist, a pharmacist, a registered nurse or licensed practical nurse or a person who holds a multistate privilege to practice such nursing under the Nurse Licensure Compact, an advanced practice registered nurse, an optometrist, a podiatrist, a physician assistant, a chiropractor, a physical therapist, a physical therapy assistant, a clinical psychologist, a clinical social worker, a professional counselor, a licensed marriage and family therapist, a licensed dental hygienist, a health maintenance organization, or an emergency medical care attendant or technician who provides services on a fee basis; (ii) a professional corporation, all of whose shareholders or members are so licensed; (iii) a partnership, all of whose partners are so licensed; (iv) a nursing home as defined in \u00a7 54.1-3100 except those nursing institutions conducted by and for those who rely upon treatment by spiritual means alone through prayer in accordance with a recognized church or religious denomination; (v) a professional limited liability company comprised of members as described in subdivision A 2 of \u00a7 13.1-1102; (vi) a corporation, partnership, limited liability company or any other entity, except a state-operated facility, which employs or engages a licensed health care provider and which primarily renders health care services; or (vii) a director, officer, employee, independent contractor, or agent of the persons or entities referenced herein, acting within the course and scope of his employment or engagement as related to health care or professional services.\n\t\t“Health maintenance organization” means any person licensed pursuant to Chapter 43 (\u00a7 38.2-4300 et seq.) of Title 38.2 who undertakes to provide or arrange for one or more health care plans.\n\t\t“Hospital” means a public or private institution licensed pursuant to Chapter 5 (\u00a7 32.1-123 et seq.) of Title 32.1 or Article 2 (\u00a7 37.2-403 et seq.) of Chapter 4 of Title 37.2.\n\t\t“Impartial attorney” means an attorney who has not represented (i) the claimant, his family, his partners, co-proprietors or his other business interests; or (ii) the health care provider, his family, his partners, co-proprietors or his other business interests.\n\t\t“Impartial health care provider” means a health care provider who (i) has not examined, treated or been consulted regarding the claimant or his family; (ii) does not anticipate examining, treating, or being consulted regarding the claimant or his family; or (iii) has not been an employee, partner or co-proprietor of the health care provider against whom the claim is asserted.\n\t\t“Malpractice” means any tort action or breach of contract action for personal injuries or wrongful death, based on health care or professional services rendered, or which should have been rendered, by a health care provider, to a patient.\n\t\t“Patient” means any natural person who receives or should have received health care from a licensed health care provider except those persons who are given health care in an emergency situation which exempts the health care provider from liability for his emergency services in accordance with \u00a7 8.01-225 or 44-146.23.\n\t\t“Physician” means a person licensed to practice medicine or osteopathy in this Commonwealth pursuant to Chapter 29 (\u00a7 54.1-2900 et seq.) of Title 54.1.\n\t\t“Professional services in nursing homes” means services provided in a nursing home, as that term is defined in clause (iv) of the definition of health care provider in this section, by a health care provider related to health care, staffing to provide patient care, psycho-social services, personal hygiene, hydration, nutrition, fall assessments or interventions, patient monitoring, prevention and treatment of medical conditions, diagnosis or therapy.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14491,"edition_id":1,"name":"Medical Malpractice Review Panels; Arbitration of Malpractice Claims","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":14387,"metadata":{},"date_created":"2026-06-26 03:48:20","date_modified":"2026-06-26 03:48:20","permalink":{"id":278897,"object_type":"structure","relational_id":14491,"identifier":"1","token":"8.01\/21.1\/1","url":"\/8.01\/21.1\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14387,"edition_id":1,"name":"Medical Malpractice","identifier":"21.1","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:47:58","date_modified":"2026-06-26 03:47:58","permalink":{"id":278895,"object_type":"structure","relational_id":14387,"identifier":"21.1","token":"8.01\/21.1","url":"\/8.01\/21.1\/","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":79489,"structure_id":14491,"section_number":"8.01-581.1","catch_line":"Definitions","url":"\/8.01-581.1\/","token":"8.01\/21.1\/1\/8.01-581.1","metadata":false},{"id":85316,"structure_id":14491,"section_number":"8.01-581.10","catch_line":"Per diem and expenses of panel","url":"\/8.01-581.10\/","token":"8.01\/21.1\/1\/8.01-581.10","metadata":false},{"id":61203,"structure_id":14491,"section_number":"8.01-581.11","catch_line":"Rules and regulations","url":"\/8.01-581.11\/","token":"8.01\/21.1\/1\/8.01-581.11","metadata":false},{"id":60108,"structure_id":14491,"section_number":"8.01-581.11:1","catch_line":"Objections not waived by participation","url":"\/8.01-581.11_1\/","token":"8.01\/21.1\/1\/8.01-581.11_1","metadata":false},{"id":59889,"structure_id":14491,"section_number":"8.01-581.12","catch_line":"Arbitration of medical malpractice claims","url":"\/8.01-581.12\/","token":"8.01\/21.1\/1\/8.01-581.12","metadata":false},{"id":73634,"structure_id":14491,"section_number":"8.01-581.12:1","catch_line":"Repealed","url":"\/8.01-581.12_1\/","token":"8.01\/21.1\/1\/8.01-581.12_1","metadata":false},{"id":74483,"structure_id":14491,"section_number":"8.01-581.12:2","catch_line":"Article not applicable to actions arising prior to July 1, 1976","url":"\/8.01-581.12_2\/","token":"8.01\/21.1\/1\/8.01-581.12_2","metadata":false},{"id":75486,"structure_id":14491,"section_number":"8.01-581.2","catch_line":"Request for review by medical malpractice review panel; rescission of request; determination on request","url":"\/8.01-581.2\/","token":"8.01\/21.1\/1\/8.01-581.2","metadata":false},{"id":77555,"structure_id":14491,"section_number":"8.01-581.2:1","catch_line":"Additional parties","url":"\/8.01-581.2_1\/","token":"8.01\/21.1\/1\/8.01-581.2_1","metadata":false},{"id":86841,"structure_id":14491,"section_number":"8.01-581.3","catch_line":"Composition, selection, etc., of panel","url":"\/8.01-581.3\/","token":"8.01\/21.1\/1\/8.01-581.3","metadata":false},{"id":67909,"structure_id":14491,"section_number":"8.01-581.3:1","catch_line":"Completion of discovery; hearing date; notification to parties and panel members; oath of panel members","url":"\/8.01-581.3_1\/","token":"8.01\/21.1\/1\/8.01-581.3_1","metadata":false},{"id":64621,"structure_id":14491,"section_number":"8.01-581.4","catch_line":"Submission of evidence to panel; depositions and discovery; duties of chairman; access to material","url":"\/8.01-581.4\/","token":"8.01\/21.1\/1\/8.01-581.4","metadata":false},{"id":59615,"structure_id":14491,"section_number":"8.01-581.4:1","catch_line":"Assembly of record","url":"\/8.01-581.4_1\/","token":"8.01\/21.1\/1\/8.01-581.4_1","metadata":false},{"id":61853,"structure_id":14491,"section_number":"8.01-581.4:2","catch_line":"Removal of record for inspection and copying; notice","url":"\/8.01-581.4_2\/","token":"8.01\/21.1\/1\/8.01-581.4_2","metadata":false},{"id":77183,"structure_id":14491,"section_number":"8.01-581.5","catch_line":"When hearing to be held; notice to parties","url":"\/8.01-581.5\/","token":"8.01\/21.1\/1\/8.01-581.5","metadata":false},{"id":65662,"structure_id":14491,"section_number":"8.01-581.6","catch_line":"Conduct of proceedings","url":"\/8.01-581.6\/","token":"8.01\/21.1\/1\/8.01-581.6","metadata":false},{"id":62667,"structure_id":14491,"section_number":"8.01-581.7","catch_line":"Opinion of panel","url":"\/8.01-581.7\/","token":"8.01\/21.1\/1\/8.01-581.7","metadata":false},{"id":55894,"structure_id":14491,"section_number":"8.01-581.7:1","catch_line":"Limitation on panel opinion","url":"\/8.01-581.7_1\/","token":"8.01\/21.1\/1\/8.01-581.7_1","metadata":false},{"id":72710,"structure_id":14491,"section_number":"8.01-581.8","catch_line":"Admissibility of opinion as evidence; appearance of panel members as witnesses; immunity from civil liability","url":"\/8.01-581.8\/","token":"8.01\/21.1\/1\/8.01-581.8","metadata":false},{"id":64432,"structure_id":14491,"section_number":"8.01-581.9","catch_line":"Repealed","url":"\/8.01-581.9\/","token":"8.01\/21.1\/1\/8.01-581.9","metadata":false}],"next_section":{"id":85316,"structure_id":14491,"section_number":"8.01-581.10","catch_line":"Per diem and expenses of panel","url":"\/8.01-581.10\/","token":"8.01\/21.1\/1\/8.01-581.10","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-581.1\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 16 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 1976, chapter 611; in 1977, chapter 617; in 1981, chapter 305; in 1986, chapters 227 and 511; in 1989, chapters 146 and 730; in 1991, chapters 455 and 464; in 1993, chapter 268; in 1994, chapters 114<\/a>, 616<\/a>, and 651<\/a>; in 2001, chapter 98<\/a>; in 2003, chapters 487<\/a> and 492<\/a>; in 2005, chapters 482<\/a>, 649<\/a>, and 692<\/a>; in 2006, chapter 638<\/a>; in 2008, chapters 121<\/a>, 157<\/a>, 169<\/a>, and 205<\/a>; in 2014, chapter 89<\/a>; in 2015, chapters 295<\/a> and 306<\/a>; in 2023, chapter 183<\/a>.<\/p>","references":[{"id":59845,"section_number":"16.1-245.1","catch_line":"Medical evidence admissible in juvenile and domestic relations district court","order_by":null,"url":"\/16.1-245.1\/"},{"id":72275,"section_number":"16.1-245.2","catch_line":"Evidence of medical reports, statements, or records; testimony of health care provider or custodian of records in juvenile and domestic relations district court; custody, visitation, placement, and support cases","order_by":null,"url":"\/16.1-245.2\/"},{"id":64597,"section_number":"16.1-88.2","catch_line":"Evidence of medical reports, statements, or records; testimony of health care provider or custodian of records","order_by":null,"url":"\/16.1-88.2\/"},{"id":71520,"section_number":"18.2-251.03","catch_line":"Arrest and prosecution when experiencing or reporting an overdose or act of sexual violence","order_by":null,"url":"\/18.2-251.03\/"},{"id":64628,"section_number":"18.2-57","catch_line":"Assault and battery; penalty","order_by":null,"url":"\/18.2-57\/"},{"id":70858,"section_number":"18.2-60","catch_line":"Threats of death or bodily injury to a person or member of his family; threats of death or discharge of a firearm on school property; threats of death or bodily injury to health care providers; penalties","order_by":null,"url":"\/18.2-60\/"},{"id":57134,"section_number":"19.2-11.5","catch_line":"Definitions","order_by":null,"url":"\/19.2-11.5\/"},{"id":82147,"section_number":"19.2-368.3","catch_line":"Powers and duties of Commission","order_by":null,"url":"\/19.2-368.3\/"},{"id":79106,"section_number":"19.2-368.5:2","catch_line":"Effect of filing a claim; stay of debt collection activities by health care providers","order_by":null,"url":"\/19.2-368.5_2\/"},{"id":78054,"section_number":"19.2-368.6","catch_line":"Assignment of claims; investigation; hearing; confidentiality of records; decisions","order_by":null,"url":"\/19.2-368.6\/"},{"id":58930,"section_number":"32.1-127.1:03","catch_line":"Health records privacy","order_by":null,"url":"\/32.1-127.1_03\/"},{"id":58069,"section_number":"37.2-308.1","catch_line":"Acute psychiatric bed registry","order_by":null,"url":"\/37.2-308.1\/"},{"id":82480,"section_number":"38.2-2201","catch_line":"Provisions for payment of medical expense and loss of income benefits; assignment of certain benefits","order_by":null,"url":"\/38.2-2201\/"},{"id":56308,"section_number":"54.1-2982","catch_line":"Definitions","order_by":null,"url":"\/54.1-2982\/"},{"id":83098,"section_number":"54.1-2990","catch_line":"Medically unnecessary health care not required; procedure when physician refuses to comply with an advance directive or a designated person's health care decision; mercy killing or euthanasia prohibited","order_by":null,"url":"\/54.1-2990\/"},{"id":56990,"section_number":"54.1-3442.4","catch_line":"Limitation of liability","order_by":null,"url":"\/54.1-3442.4\/"},{"id":81199,"section_number":"59.1-443.2","catch_line":"Restricted use of social security numbers","order_by":null,"url":"\/59.1-443.2\/"},{"id":59551,"section_number":"65.2-101","catch_line":"Definitions","order_by":null,"url":"\/65.2-101\/"},{"id":85102,"section_number":"65.2-402.1","catch_line":"Presumption as to death or disability from infectious disease","order_by":null,"url":"\/65.2-402.1\/"},{"id":80844,"section_number":"65.2-601.1","catch_line":"Effect of filing claim; stay of debt collection activities by health care providers","order_by":null,"url":"\/65.2-601.1\/"},{"id":70150,"section_number":"65.2-604","catch_line":"Furnishing copy of medical report","order_by":null,"url":"\/65.2-604\/"},{"id":66371,"section_number":"65.2-714","catch_line":"Fees of attorneys and physicians and hospital charges","order_by":null,"url":"\/65.2-714\/"},{"id":87294,"section_number":"8.01-195.6","catch_line":"Notice of claim","order_by":null,"url":"\/8.01-195.6\/"},{"id":86816,"section_number":"8.01-225.01","catch_line":"Certain immunity for health care providers during disasters under specific circumstances","order_by":null,"url":"\/8.01-225.01\/"},{"id":54649,"section_number":"8.01-225.02","catch_line":"Certain liability protection for health care providers during disasters","order_by":null,"url":"\/8.01-225.02\/"},{"id":85784,"section_number":"8.01-227.4","catch_line":"Definitions","order_by":null,"url":"\/8.01-227.4\/"},{"id":77377,"section_number":"8.01-243.1","catch_line":"Actions for medical malpractice; 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how and when to be brought","order_by":null,"url":"\/8.01-50\/"},{"id":77689,"section_number":"8.01-52.1","catch_line":"Admissibility of expressions of sympathy","order_by":null,"url":"\/8.01-52.1\/"},{"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\/"},{"id":57136,"section_number":"8.01-581.20:1","catch_line":"Admissibility of expressions of sympathy","order_by":null,"url":"\/8.01-581.20_1\/"},{"id":67909,"section_number":"8.01-581.3:1","catch_line":"Completion of discovery; hearing date; notification to parties and panel members; oath of panel members","order_by":null,"url":"\/8.01-581.3_1\/"}],"refers_to":[{"id":57431,"section_number":"13.1-1102","catch_line":"Definitions","order_by":null,"url":"\/13.1-1102\/"},{"id":80727,"section_number":"32.1-123","catch_line":"(Effective January 1, 2026) Definitions","order_by":null,"url":"\/32.1-123\/"},{"id":60864,"section_number":"37.2-403","catch_line":"Definitions","order_by":null,"url":"\/37.2-403\/"},{"id":72005,"section_number":"38.2-4300","catch_line":"Definitions","order_by":null,"url":"\/38.2-4300\/"},{"id":76000,"section_number":"44-146.23","catch_line":"Immunity from liability","order_by":null,"url":"\/44-146.23\/"},{"id":63078,"section_number":"54.1-2900","catch_line":"Definitions","order_by":null,"url":"\/54.1-2900\/"},{"id":76718,"section_number":"54.1-3100","catch_line":"Definitions","order_by":null,"url":"\/54.1-3100\/"},{"id":72312,"section_number":"8.01-225","catch_line":"Persons rendering emergency care, obstetrical services exempt from liability","order_by":null,"url":"\/8.01-225\/"}],"permalink":{"id":278899,"object_type":"law","relational_id":79489,"identifier":"8.01-581.1","token":"8.01\/21.1\/1\/8.01-581.1","url":"\/8.01-581.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-581.1\/","token":"8.01\/21.1\/1\/8.01-581.1","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-581.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this chapter:\n\t\t“Health care” means any act, professional services in nursing homes<\/span>, or treatment performed or furnished, or which should have been performed or furnished, by any health care provider<\/span> for, to, or on behalf of a patient<\/span> during the patient<\/span>’s medical diagnosis, care, treatment or confinement.\n\t\t“Health care provider<\/span>” means (i) a person<\/span>, corporation, facility or institution licensed by this Commonwealth to provide health care or professional services as a physician<\/span> or hospital<\/span>, a dentist, a pharmacist, a registered nurse or licensed practical nurse or a person<\/span> who holds a multistate privilege<\/span> to practice such nursing under the Nurse Licensure Compact, an advanced practice registered nurse, an optometrist, a podiatrist, a physician<\/span> assistant, a chiropractor, a physical therapist, a physical therapy assistant, a clinical psychologist, a clinical social worker, a professional counselor, a licensed marriage and family therapist, a licensed dental hygienist, a health maintenance organization<\/span>, or an emergency medical care attendant or technician who provides services on a fee basis; (ii) a professional corporation, all of whose shareholders or members are so licensed; (iii) a partnership, all of whose partners are so licensed; (iv) a nursing home as defined in \u00a7 54.1-3100<\/a> except those nursing institutions conducted by and for those who rely upon treatment by spiritual means alone through prayer in accordance with a recognized church or religious denomination; (v) a professional limited liability company comprised of members as described in subdivision A 2 of \u00a7 13.1-1102<\/a>; (vi) a corporation, partnership, limited liability company or any other entity, except a state-operated facility, which employs or engages a licensed health care provider<\/span> and which primarily renders health care services; or (vii) a director, officer, employee, independent contractor, or agent of the persons<\/span> or entities referenced herein, acting within the course and scope of his employment or engagement as related to health care or professional services.\n\t\t“Health maintenance organization<\/span>” means any person<\/span> licensed pursuant to Chapter 43 (\u00a7 38.2-4300<\/a> et seq.) of Title 38.2 who undertakes to provide or arrange for one or more health care plans.\n\t\t“Hospital<\/span>” means a public or private institution licensed pursuant to Chapter 5 (\u00a7 32.1-123<\/a> et seq.) of Title 32.1 or Article 2 (\u00a7 37.2-403<\/a> et seq.) of Chapter 4 of Title 37.2.\n\t\t“Impartial attorney<\/span>” means an attorney who has not represented (i) the claimant, his family, his partners, co-proprietors or his other business interests; or (ii) the health care provider<\/span>, his family, his partners, co-proprietors or his other business interests.\n\t\t“Impartial health care provider<\/span><\/span>” means a health care provider<\/span> who (i) has not examined, treated or been consulted regarding the claimant or his family; (ii) does not anticipate examining, treating, or being consulted regarding the claimant or his family; or (iii) has not been an employee, partner or co-proprietor of the health care provider<\/span> against whom the claim is asserted.\n\t\t“Malpractice<\/span>” means any tort<\/span> action<\/span> or breach of contract<\/span> action<\/span> for personal injuries or wrongful death, based on health care or professional services rendered, or which should have been rendered, by a health care provider<\/span>, to a patient<\/span>.\n\t\t“Patient<\/span>” means any natural person<\/span> who receives or should have received health care from a licensed health care provider<\/span> except those persons<\/span> who are given health care in an emergency situation which exempts the health care provider<\/span> from liability for his emergency services in accordance with \u00a7 8.01-225<\/a> or 44-146.23<\/a>.\n\t\t“Physician<\/span>” means a person<\/span> licensed to practice medicine or osteopathy in this Commonwealth pursuant to Chapter 29 (\u00a7 54.1-2900<\/a> et seq.) of Title 54.1.\n\t\t“Professional services in nursing homes<\/span>” means services provided in a nursing home, as that term is defined in clause (iv) of the definition of health care provider<\/span> in this section, by a health care provider<\/span> related to health care, staffing to provide patient<\/span> care, psycho-social services, personal hygiene, hydration, nutrition, fall assessments or interventions, patient<\/span> monitoring, prevention and treatment of medical conditions, diagnosis or therapy.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 8.01-581.1)\n\nAs used in this chapter:\n\t\t“Health care” means any act, professional services in nursing\nhomes, or treatment performed or furnished, or which should have been performed\nor furnished, by any health care provider for, to, or on behalf of a patient\nduring the patient’s medical diagnosis, care, treatment or confinement.\n\t\t“Health care provider” means (i) a person, corporation, facility\nor institution licensed by this Commonwealth to provide health care or\nprofessional services as a physician or hospital, a dentist, a pharmacist, a\nregistered nurse or licensed practical nurse or a person who holds a multistate\nprivilege to practice such nursing under the Nurse Licensure Compact, an\nadvanced practice registered nurse, an optometrist, a podiatrist, a physician\nassistant, a chiropractor, a physical therapist, a physical therapy assistant, a\nclinical psychologist, a clinical social worker, a professional counselor, a\nlicensed marriage and family therapist, a licensed dental hygienist, a health\nmaintenance organization, or an emergency medical care attendant or technician\nwho provides services on a fee basis; (ii) a professional corporation, all of\nwhose shareholders or members are so licensed; (iii) a partnership, all of whose\npartners are so licensed; (iv) a nursing home as defined in \u00a7 54.1-3100 except\nthose nursing institutions conducted by and for those who rely upon treatment by\nspiritual means alone through prayer in accordance with a recognized church or\nreligious denomination; (v) a professional limited liability company comprised\nof members as described in subdivision A 2 of \u00a7 13.1-1102; (vi) a corporation,\npartnership, limited liability company or any other entity, except a\nstate-operated facility, which employs or engages a licensed health care\nprovider and which primarily renders health care services; or (vii) a director,\nofficer, employee, independent contractor, or agent of the persons or entities\nreferenced herein, acting within the course and scope of his employment or\nengagement as related to health care or professional services.\n\t\t“Health maintenance organization” means any person licensed\npursuant to Chapter 43 (\u00a7 38.2-4300 et seq.) of Title 38.2 who undertakes to\nprovide or arrange for one or more health care plans.\n\t\t“Hospital” means a public or private institution licensed pursuant\nto Chapter 5 (\u00a7 32.1-123 et seq.) of Title 32.1 or Article 2 (\u00a7 37.2-403 et\nseq.) of Chapter 4 of Title 37.2.\n\t\t“Impartial attorney” means an attorney who has not represented (i)\nthe claimant, his family, his partners, co-proprietors or his other business\ninterests; or (ii) the health care provider, his family, his partners,\nco-proprietors or his other business interests.\n\t\t“Impartial health care provider” means a health care provider who\n(i) has not examined, treated or been consulted regarding the claimant or his\nfamily; (ii) does not anticipate examining, treating, or being consulted\nregarding the claimant or his family; or (iii) has not been an employee, partner\nor co-proprietor of the health care provider against whom the claim is asserted.\n\t\t“Malpractice” means any tort action or breach of contract action\nfor personal injuries or wrongful death, based on health care or professional\nservices rendered, or which should have been rendered, by a health care\nprovider, to a patient.\n\t\t“Patient” means any natural person who receives or should have\nreceived health care from a licensed health care provider except those persons\nwho are given health care in an emergency situation which exempts the health\ncare provider from liability for his emergency services in accordance with \u00a7\n8.01-225 or 44-146.23.\n\t\t“Physician” means a person licensed to practice medicine or\nosteopathy in this Commonwealth pursuant to Chapter 29 (\u00a7 54.1-2900 et seq.) of\nTitle 54.1.\n\t\t“Professional services in nursing homes” means services provided\nin a nursing home, as that term is defined in clause (iv) of the definition of\nhealth care provider in this section, by a health care provider related to\nhealth care, staffing to provide patient care, psycho-social services, personal\nhygiene, hydration, nutrition, fall assessments or interventions, patient\nmonitoring, prevention and treatment of medical conditions, diagnosis or\ntherapy.\n\nHISTORY: Code 1950, \u00a7 8-911; 1976, c. 611; 1977, c. 617; 1981, c. 305; 1986,\ncc. 227, 511; 1989, cc. 146, 730; 1991, cc. 455, 464; 1993, c. 268; 1994, cc.\n114, 616, 651; 2001, c. 98; 2003, cc. 487, 492; 2005, cc. 482, 649, 692; 2006,\nc. 638; 2008, cc. 121, 157, 169, 205; 2014, c. 89; 2015, cc. 295, 306; 2023, c.\n183.","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}}