8.01-52.1 - Admissibility of expressions of sympathy. - Virginia Statutes

§ 8.01-52.1. Admissibility of expressions of sympathy.

In any wrongful death action brought pursuant to § 8.01-50 against a healthcare provider, or in any arbitration or medical malpractice review panelproceeding related to such wrongful death action, the portion of statements,writings, affirmations, benevolent conduct, or benevolent gestures expressingsympathy, commiseration, condolence, compassion, or a general sense ofbenevolence, together with apologies that are made by a health care provideror an agent of a health care provider to a relative of the patient, or arepresentative of the patient about the death of the patient as a result ofthe unanticipated outcome of health care, shall be inadmissible as evidenceof 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 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 decedent's spouse, parent, grandparent, stepfather,stepmother, child, grandchild, brother, sister, half-brother, half-sister, orspouse's parents. In addition, "relative" includes any person who had afamily-type relationship with the decedent.

"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.)