Hospital as referred to in this section shall include any institution within the definition of hospital in § 32.1-123.
No hospital, as defined in this section, shall be immune from liability for negligence or any other tort on the ground that it is a charitable institution unless (i) such hospital renders exclusively charitable medical services for which service no bill for service is rendered to, nor any charge is ever made to the patient or (ii) the party alleging such negligence or other tort was accepted as a patient by such institution under an express written agreement executed by the hospital and delivered at the time of admission to the patient or the person admitting such patient providing that all medical services furnished such patient are to be supplied on a charitable basis without financial liability to the patient. However, notwithstanding the provisions of § 8.01-581.15 a hospital which is exempt from 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 for negligence or other tort in an amount not less than $500,000 for each occurrence shall not be liable for damage in excess of the limits of such insurance, 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.
Notes of Decisions
Etheridge v. Med. Ctr. Hospitals, 376 S.E.2d 525 (Va. 1989).
· cites it 44× “) provided as follows: No [charitable] hospital ... shall be immune from liability for negligence or any other tort on the ground that it is a charitable institution unless such hospital renders exclusively charitable medical services for which service no bill for service is…”
Univ. of Va Health Servs. v. Morris, 657 S.E.2d 512 (Va. 2008).
· cites it 20× “The trial court erred by extending the application of Va.Code § 8.01-38 to support its decision to deny HSF charitable immunity.”
Power v. Arlington Hosp., 800 F. Supp. 1384 (E.D. Va. 1992).
· cites it 11× “” Specifically, Va.Code § 8.01-38 provides, in pertinent part, as follows: .”
Straley v. Urbanna Chamber of Com., 413 S.E.2d 47 (Va. 1992).
· cites it 2× “They say that, as a Norfolk resident, the plaintiff is a member of the community which the Chamber “specifically invited to attend the Oyster Festival”; the evidence showed that the festival is promoted throughout Virginia including the Norfolk area.”
Power v. Alexandria Physicians Grp., Ltd., 887 F. Supp. 845 (E.D. Va. 1995).
· cites it 3× “15, and Virginia’s limitation on tort liability of charitable hospitals to the greater of $1 million or the hospital’s insurance limits, see Va.Code § 8.01-38. This Court ruled that neither statute limited Power’s recovery of damages under EMTALA.”
Est. of Zabrovskiy v. Beth Sholom Home of Virginia, Inc., 85 Va. Cir. 470 (Henrico Cir. Ct. 2012).
· cites it 6× “Va. Code § 8.01-38. A hospital is immune from tort liability only if it “renders exclusively charitable medical services for which service no bill for service is rendered to nor any charge is ever made to the patient” or there is a written agreement that the plaintiff became a…”
Rogers v. Virginia Home, 83 Va. Cir. 423 (Richmond County Cir. Ct. 2011).
· cites it 23× “Rogers argues in opposition that the Home qualifies as a hospital and, therefore, cannot plead charitable immunity.”
Radosevic v. Virginia Intermont Coll., 633 F. Supp. 1084 (W.D. Va. 1986).
“The present code provision, § 8.01-38 Va. Code (1950), allows only those hospitals which render exclusively charitable medical services free of charge to patients to invoke the doctrine of charitable immunity to tort liability.”
Eldridge v. City of Richmond, 8 Va. Cir. 317 (Richmond County Cir. Ct. 1987).
· cites it 2× “See Va. Code Ann. § 8.01-38 . The Legislature first enacted this section in 1974 and has amended it four times since then and as recently as 1986.”
Gaines v. Young Men's Christian Ass'n, 32 Va. Cir. 346 (Richmond County Cir. Ct. 1994).
· cites it 3× “Because Virginia still recognizes the doctrine of charitable immunity, because the YMCA is a charitable institution, because the operation of a basketball league fits squarely within the charitable purposes for which the YMCA was organized, and because plaintiff’s injury…”
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