8.01-38 - Tort liability of hospitals. - Virginia Statutes

§ 8.01-38. Tort liability of hospitals.

Hospital as referred to in this section shall include any institution withinthe definition of hospital in § 32.1-123.

No hospital, as defined in this section, shall be immune from liability fornegligence or any other tort on the ground that it is a charitableinstitution unless (i) such hospital renders exclusively charitable medicalservices for which service no bill for service is rendered to, nor any chargeis ever made to the patient or (ii) the party alleging such negligence orother tort was accepted as a patient by such institution under an expresswritten agreement executed by the hospital and delivered at the time ofadmission to the patient or the person admitting such patient providing thatall medical services furnished such patient are to be supplied on acharitable basis without financial liability to the patient. However,notwithstanding the provisions of § 8.01-581.15 a hospital which is exemptfrom taxation pursuant to § 501 (c) (3) of Title 26 of the United States Code(Internal Revenue Code of 1954) and which is insured against liability fornegligence or other tort in an amount not less than $500,000 for eachoccurrence shall not be liable for damage in excess of the limits of suchinsurance, or in actions for medical malpractice pursuant to Chapter 21.1 (§8.01-581.1 et seq.) for damages in excess of the amount set forth in §8.01-581.15.

(Code 1950, § 8-629.2; 1974, c. 552; 1976, c. 765; 1977, c. 617; 1983, c.496; 1986, cc. 389, 454; 2000, c. 464.)