{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-581.20_1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-581.20_1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-581.20_1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-581.20_1.html"}],"law_id":57136,"edition_id":1,"section_id":57136,"structure_id":14388,"section_number":"8.01-581.20:1","catch_line":"Admissibility of expressions of sympathy","history":"2005, cc. 649, 692; 2009, c. 414.","full_text":"In any civil action brought by an alleged victim of an unanticipated outcome of health care, or in any arbitration or medical malpractice review panel proceeding related to such civil 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 the patient, a relative of the patient, or a representative of the patient, 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 patient’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 has a family-type relationship with the patient.\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":209247,"text":"In any civil action brought by an alleged victim of an unanticipated outcome of health care, or in any arbitration or medical malpractice review panel proceeding related to such civil 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 the patient, a relative of the patient, or a representative of the patient, 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 patient’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 has a family-type relationship with the patient.\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":14388,"edition_id":1,"name":"Miscellaneous Provisions","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":14387,"metadata":{},"date_created":"2026-06-26 03:47:58","date_modified":"2026-06-26 03:47:58","permalink":{"id":278979,"object_type":"structure","relational_id":14388,"identifier":"2","token":"8.01\/21.1\/2","url":"\/8.01\/21.1\/2\/","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":59392,"structure_id":14388,"section_number":"8.01-581.13","catch_line":"Civil immunity for certain health professionals and health profession students serving as members of certain entities","url":"\/8.01-581.13\/","token":"8.01\/21.1\/2\/8.01-581.13","metadata":false},{"id":60855,"structure_id":14388,"section_number":"8.01-581.14","catch_line":"Repealed","url":"\/8.01-581.14\/","token":"8.01\/21.1\/2\/8.01-581.14","metadata":false},{"id":66555,"structure_id":14388,"section_number":"8.01-581.15","catch_line":"Limitation on recovery in certain medical malpractice actions","url":"\/8.01-581.15\/","token":"8.01\/21.1\/2\/8.01-581.15","metadata":false},{"id":55726,"structure_id":14388,"section_number":"8.01-581.16","catch_line":"Civil immunity for members of or consultants to certain boards or committees","url":"\/8.01-581.16\/","token":"8.01\/21.1\/2\/8.01-581.16","metadata":false},{"id":75226,"structure_id":14388,"section_number":"8.01-581.17","catch_line":"Privileged communications of certain committees and entities","url":"\/8.01-581.17\/","token":"8.01\/21.1\/2\/8.01-581.17","metadata":false},{"id":57108,"structure_id":14388,"section_number":"8.01-581.18","catch_line":"Delivery of results of laboratory tests and other examinations not authorized by physician","url":"\/8.01-581.18\/","token":"8.01\/21.1\/2\/8.01-581.18","metadata":false},{"id":57097,"structure_id":14388,"section_number":"8.01-581.18:1","catch_line":"Immunity of physicians for laboratory results and examinations","url":"\/8.01-581.18_1\/","token":"8.01\/21.1\/2\/8.01-581.18_1","metadata":false},{"id":71346,"structure_id":14388,"section_number":"8.01-581.19","catch_line":"Civil immunity for physicians, psychologists, podiatrists, optometrists, veterinarians, nursing home administrators, and certified emergency medical services providers while members of certain committees","url":"\/8.01-581.19\/","token":"8.01\/21.1\/2\/8.01-581.19","metadata":false},{"id":59744,"structure_id":14388,"section_number":"8.01-581.19:1","catch_line":"Civil immunity for persons providing information to certain committees","url":"\/8.01-581.19_1\/","token":"8.01\/21.1\/2\/8.01-581.19_1","metadata":false},{"id":75087,"structure_id":14388,"section_number":"8.01-581.20","catch_line":"Standard of care in proceeding before medical malpractice review panel; expert testimony; determination of standard in action for damages","url":"\/8.01-581.20\/","token":"8.01\/21.1\/2\/8.01-581.20","metadata":false},{"id":57136,"structure_id":14388,"section_number":"8.01-581.20:1","catch_line":"Admissibility of expressions of sympathy","url":"\/8.01-581.20_1\/","token":"8.01\/21.1\/2\/8.01-581.20_1","metadata":false}],"previous_section":{"id":75087,"structure_id":14388,"section_number":"8.01-581.20","catch_line":"Standard of care in proceeding before medical malpractice review panel; expert testimony; determination of standard in action for damages","url":"\/8.01-581.20\/","token":"8.01\/21.1\/2\/8.01-581.20","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-581.20:1\/","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":79489,"section_number":"8.01-581.1","catch_line":"Definitions","order_by":null,"url":"\/8.01-581.1\/"}],"permalink":{"id":279021,"object_type":"law","relational_id":57136,"identifier":"8.01-581.20:1","token":"8.01\/21.1\/2\/8.01-581.20_1","url":"\/8.01-581.20_1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-581.20_1\/","token":"8.01\/21.1\/2\/8.01-581.20_1","dublin_core":{"Title":"Admissibility of expressions of sympathy","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-581.20:1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

In any civil action<\/span> brought by an alleged victim of an unanticipated outcome<\/span> of health care, or in any arbitration or medical malpractice<\/span> review panel<\/span> proceeding related to such civil 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<\/span> or an agent of a health care provider<\/span> to the patient<\/span>, a relative<\/span> of the patient<\/span>, or a representative<\/span> of the patient<\/span>, 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<\/span>” has the same definition as provided in \u00a7 8.01-581.1<\/a>.\n\t\t“Relative<\/span>” means a patient<\/span>’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 has a family-type relationship with the patient<\/span>.\n\t\t“Representative<\/span>” means a legal guardian, attorney, person<\/span> designated to make decisions on behalf of a patient<\/span> under a medical power of attorney<\/span>, or any person<\/span> recognized in law<\/span> or custom as a patient<\/span>’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 8.01-581.20:1)\n\nIn any civil action brought by an alleged victim of an unanticipated outcome of\nhealth care, or in any arbitration or medical malpractice review panel\nproceeding related to such civil action, the portion of statements, writings,\naffirmations, benevolent conduct, or benevolent gestures expressing sympathy,\ncommiseration, condolence, compassion, or a general sense of benevolence,\ntogether with apologies that are made by a health care provider or an agent of a\nhealth care provider to the patient, a relative of the patient, or a\nrepresentative of the patient, shall be inadmissible as evidence of an admission\nof liability or as evidence of an admission against interest. A statement of\nfault that is part of or in addition to any of the above shall not be made\ninadmissible 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 patient’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 has a family-type relationship with the patient.\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}}