Virginia
Medical Malpractice LawHOUSE
BILL NO. 1794
Offered January 12, 2005
Prefiled January 5, 2005
A
BILL to amend the Code of Virginia by adding sections numbered 8.01-52.1 and 8.01-581.20:1,
relating to medical malpractice.
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Patrons-- Cox and Athey
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Referred
to Committee for Courts of Justice
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Be it enacted by the General
Assembly of Virginia:1.
That the Code of Virginia is amended by adding sections numbered 8.01-52.1 and
8.01-581.20:1 as follows: §
8.01-52.1. Admissibility of expressions of sympathy. In
any wrongful death action brought pursuant to § 8.01-50 against a health
care provider, or in any arbitration or medical malpractice review panel proceeding
related to such wrongful death action, the portion of statements, writings, affirmations,
conduct or benevolent gestures expressing sympathy or general sense of benevolence,
which are made by a health care provider or an agent of a health care provider
to a relative of the patient, or a representative of the patient about the death
of the patient as a result of the unanticipated outcome of health care shall be
inadmissible as evidence of 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 shall not 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, or spouse's parents. In
addition, "relative" includes any person who had a family-type relationship
with the decedent. (See Virginia
Directory of Lawyer Resources). "Representative"
means a legal guardian, attorney, person designated to make decisions on behalf
of a patient under a medical power of attorney, or any person recognized in law
or custom as a patient's agent. "Unanticipated
outcome" means the outcome of the delivery of health care that differs from
an expected result. §
8.01-581.20:1. Admissibility of expressions of sympathy. In
any civil action brought by an alleged victim of an unanticipated outcome of health
care, or in any arbitration or medical malpractice review panel proceeding related
to such civil action, the portion of statements, writings, affirmations, conduct,
or benevolent gestures expressing sympathy, or general sense of benevolence, which
are made by a health care provider or an agent of a health care provider to the
patient, a relative of the patient, or a representative of the patient shall be
inadmissible as evidence of 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 shall not 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, or spouse's parents. In
addition, "relative" includes any person who has a family-type relationship
with the patient. "Representative"
means a legal guardian, attorney, person designated to make decisions on behalf
of a patient under a medical power of attorney, or any person recognized in law
or custom as a patient's agent. "Unanticipated
outcome" means the outcome of the delivery of health care that differs from
an expected result. State
of Virginia Bills and Resolutions relating to Medical Malpractice
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