37.2-1106 - When health professional or licensed hospital not liable. - Virginia Statutes

§ 37.2-1106. When health professional or licensed hospital not liable.

Any licensed health professional or licensed hospital, including a hospitallicensed by the Department of Health pursuant to § 32.1-123, administeringtreatment, or providing testing, or detention pursuant to the court's ormagistrate's authorization as provided in this chapter shall have noliability arising out of a claim to the extent the claim is based on lack ofconsent to the treatment, testing or detention. Any such professional orhospital administering treatment with the consent of the person receiving orbeing offered treatment shall have no liability arising out of a claim to theextent it is based on lack of capacity to consent, if a court or a magistratehas denied a petition hereunder to authorize the treatment and the denial wasbased on an affirmative finding that the person was capable of making andcommunicating an informed decision regarding the proposed treatment.

(1997, c. 921, § 37.1-134.21; 1999, cc. 814, 946, 985; 2003, c. 790; 2004,cc. 66, 104, 1014; 2005, cc. 716, 751.)