8.01-581.20:1 - Admissibility of expressions of sympathy - Virginia Statutes

§ 8.01-581.20:1. Admissibility of expressions of sympathy.

In any civil action brought by an alleged victim of an unanticipated outcomeof health care, or in any arbitration or medical malpractice review panelproceeding 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 agentof a health care provider to the patient, a relative of the patient, or arepresentative of the patient, shall be inadmissible as evidence of anadmission of liability or as evidence of an admission against interest. Astatement of fault that is part of or in addition to any of the above shallnot be made inadmissible by this section.

For purposes of this section, unless the context otherwise requires:

"Health care" has the same definition as provided in § 8.01-581.1.

"Health care provider" has the same definition as provided in § 8.01-581.1.

"Relative" means a patient's spouse, parent, grandparent, stepfather,stepmother, child, grandchild, brother, sister, half-brother, half-sister, orspouse's parents. In addition, "relative" includes any person who has afamily-type relationship with the patient.

"Representative" means a legal guardian, attorney, person designated tomake decisions on behalf of a patient under a medical power of attorney, orany person recognized in law or custom as a patient's agent.

"Unanticipated outcome" means the outcome of the delivery of health carethat differs from an expected result.

(2005, cc. 649, 692; 2009, c. 414.)