CODE OF VIRGINIA

ADMISSIBILITY OF EXPRESSIONS OF SYMPATHY (§ 8.01-52.1)

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, 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 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.”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.

HISTORY: 2005, cc. 649, 692; 2009, c. 414.