Virginia Code

Va. Code Ann. § 8.01-37.1 (2026)

Claims for medical services provided by United States; proof of reasonable value

✓ current as of May 2026

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Whenever any person sustains personal injuries caused by the alleged negligence of another, and a claim against any person alleged to be liable is created in favor of the United States under federal law (42 U.S.C. § 2651 et seq.) for the reasonable value of medical, surgical or dental care and treatment provided, the injured party may, on behalf of the United States, claim the reasonable value of the medical services provided as an element of damages in a civil action against the person alleged to be liable. It shall not be required that the United States intervene in the action or be made a party in order to establish its claim. A sworn written statement of the authorized representative of the department or agency providing such services prepared in accordance with the regulations promulgated pursuant to 42 U.S.C. § 2652 shall be admissible as evidence of the reasonable value of the care and treatment provided.

1984, c. 42; 1985, c. 205.

Notes of Decisions

Cited in 2 cases, 1992–1998 · leading case: Hutto v. Bic Corp., 800 F. Supp. 1367 (E.D. Va. 1992).

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Hutto v. Bic Corp., 800 F. Supp. 1367 (E.D. Va. 1992). · cites it 11× “Plaintiff, on the other hand, argues that she has a cause of action for such expenses under Moses and Va.Code § 8.01-37.1. 6 *1372 In Virginia, two causes of action accrue when tortious injury is inflicted upon an infant.”

Young v. Szabo, 45 Va. Cir. 453 (Norfolk Cir. Ct. 1998). · cites it 5× “” Va. Code § 8.01-37.1 (emphasis added). As long as the government authorizes the injured party to assert the claim of recovery within the applicable limitations period prescribed by the state for personal injury causes of action, the government preserves its right to recovery.”

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