8.01-225.02 - Certain liability protection for health care providers during disasters. - Virginia Statutes

§ 8.01-225.02. Certain liability protection for health care providers duringdisasters.

A. In the absence of gross negligence or willful misconduct, any health careprovider who responds to a disaster shall not be liable for any injury orwrongful death of any person arising from the delivery or withholding ofhealth care when (i) a state or local emergency has been or is subsequentlydeclared in response to such disaster, and (ii) the emergency and subsequentconditions caused a lack of resources, attributable to the disaster,rendering the health care provider unable to provide the level or manner ofcare that otherwise would have been required in the absence of the emergencyand which resulted in the injury or wrongful death at issue.

B. For purposes of this section:

"Disaster" means any "disaster," "emergency," or "major disaster" asthose terms are used and defined in § 44-146.16; and

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

(2008, cc. 121, 157.)