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§ 8.01-581.1.Definitions.

Chapter 21.1. Medical Malpractice · Article 1. Medical Malpractice Review Panels; Arbitration of Malpractice Claims · Last amended 2023 · Last verified July 16, 2026

In one sentenceThis section defines the terms that govern Virginia’s medical malpractice chapter — including “health care,” “health care provider,” “malpractice,” and “patient” — establishing which professionals and claims fall within the review-panel, arbitration, and damages-cap provisions that follow.

Full Text of § 8.01-581.1

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As used in this chapter:
"Health care" means any act, professional services in nursing homes, or treatment performed or furnished, or which should have been performed or furnished, by any health care provider for, to, or on behalf of a patient during the patient's medical diagnosis, care, treatment or confinement.
"Health care provider" means (i) a person, corporation, facility or institution licensed by this Commonwealth to provide health care or professional services as a physician or hospital, a dentist, a pharmacist, a registered nurse or licensed practical nurse or a person who holds a multistate privilege to practice such nursing under the Nurse Licensure Compact, an advanced practice registered nurse, an optometrist, a podiatrist, a physician assistant, a chiropractor, a physical therapist, a physical therapy assistant, a clinical psychologist, a clinical social worker, a professional counselor, a licensed marriage and family therapist, a licensed dental hygienist, a health maintenance organization, or an emergency medical care attendant or technician who provides services on a fee basis; (ii) a professional corporation, all of whose shareholders or members are so licensed; (iii) a partnership, all of whose partners are so licensed; (iv) a nursing home as defined in § 54.1-3100 except those nursing institutions conducted by and for those who rely upon treatment by spiritual means alone through prayer in accordance with a recognized church or religious denomination; (v) a professional limited liability company comprised of members as described in subdivision A 2 of § 13.1-1102; (vi) a corporation, partnership, limited liability company or any other entity, except a state-operated facility, which employs or engages a licensed health care provider and which primarily renders health care services; or (vii) a director, officer, employee, independent contractor, or agent of the persons or entities referenced herein, acting within the course and scope of his employment or engagement as related to health care or professional services.
"Health maintenance organization" means any person licensed pursuant to Chapter 43 (§ 38.2-4300 et seq.) of Title 38.2 who undertakes to provide or arrange for one or more health care plans.
"Hospital" means a public or private institution licensed pursuant to Chapter 5 (§ 32.1-123 et seq.) of Title 32.1 or Article 2 (§ 37.2-403 et seq.) of Chapter 4 of Title 37.2.
"Impartial attorney" means an attorney who has not represented (i) the claimant, his family, his partners, co- proprietors or his other business interests; or (ii) the health care provider, his family, his partners, co-proprietors or his other business interests.
"Impartial health care provider" means a health care provider who (i) has not examined, treated or been consulted regarding the claimant or his family; (ii) does not anticipate examining, treating, or being consulted regarding the claimant or his family; or (iii) has not been an employee, partner or co-proprietor of the health care provider against whom the claim is asserted.
"Malpractice" means any tort action or breach of contract action for personal injuries or wrongful death, based on health care or professional services rendered, or which should have been rendered, by a health care provider, to a patient.
"Patient" means any natural person who receives or should have received health care from a licensed health care provider except those persons who are given health care in an emergency situation which exempts the health care provider from liability for his emergency services in accordance with § 8.01-225 or 44-146.23.
"Physician" means a person licensed to practice medicine or osteopathy in this Commonwealth pursuant to Chapter 29 (§ 54.1-2900 et seq.) of Title 54.1.
"Professional services in nursing homes" means services provided in a nursing home, as that term is defined in clause (iv) of the definition of health care provider in this section, by a health care provider related to health care, staffing to provide patient care, psycho-social services, personal hygiene, hydration, nutrition, fall assessments or interventions, patient monitoring, prevention and treatment of medical conditions, diagnosis or therapy.

Plain-English Summary

Every other section in this chapter leans on the words defined here. Before a court can decide whether the review-panel process applies, whether an arbitration agreement is enforceable, or whether the damages cap kicks in, someone has to answer a threshold question: does this claim involve “health care” rendered by a “health care provider” to a “patient”? This section answers that question.

The definition of “health care provider” reaches far beyond doctors and hospitals. It sweeps in dentists, pharmacists, nurses and nurse practitioners, optometrists, podiatrists, physician assistants, chiropractors, physical therapists, clinical psychologists, clinical social workers, counselors, marriage and family therapists, dental hygienists, health maintenance organizations, and fee-based emergency medical technicians — along with the professional corporations, partnerships, and nursing homes built around them, and the directors, officers, employees, and agents who act within the scope of that work. If a claim touches any of these providers acting in a professional capacity, it likely counts as malpractice rather than ordinary negligence.

“Malpractice” itself covers both tort claims and breach-of-contract claims for personal injury or wrongful death tied to health care that was rendered — or should have been rendered. And “patient” has a notable carve-out: someone treated under Virginia’s Good Samaritan emergency exemptions doesn’t count, since the provider who helped them in that emergency isn’t exposed to liability for that care in the first place.

Frequently Asked Questions

Does the malpractice definition cover breach-of-contract claims, or only negligence?

Both. The section defines “malpractice” as “any tort action or breach of contract action for personal injuries or wrongful death” based on health care rendered, or that should have been rendered, by a health care provider to a patient.

Are nursing homes considered health care providers under this section?

Yes. Nursing homes as defined in § 54.1-3100 are listed as health care providers, with an exception for institutions that rely solely on spiritual healing through prayer in accordance with a recognized church or religious denomination.

Does the definition of “patient” include someone treated in a true emergency?

No. The definition excludes people given health care in an emergency situation that exempts the provider from liability for those emergency services under § 8.01-225 or § 44-146.23.

Are employees or independent contractors of a medical practice covered as “health care providers”?

Yes. The definition’s final clause extends to directors, officers, employees, independent contractors, and agents of the listed persons or entities, so long as they’re acting within the course and scope of their employment or engagement as related to health care.

Does a health maintenance organization count as a health care provider?

Yes, HMOs are explicitly listed, and the section separately defines “health maintenance organization” as any person licensed under Chapter 43 of Title 38.2 that undertakes to provide or arrange for one or more health care plans.

Amendment History

Code 1950, § 8-911; 1976, c. 611; 1977, c. 617; 1981, c. 305; 1986, cc. 227, 511; 1989, cc. 146, 730; 1991, cc. 455, 464; 1993, c. 268; 1994, cc. 114, 616, 651; 2001, c. 98; 2003, cc. 487, 492; 2005, cc. 482, 649, 692; 2006, c. 638; 2008, cc. 121, 157, 169, 205; 2014, c. 89; 2015, cc. 295, 306; 2023, c. 183.

Source & verification. Section text and amendment history are reproduced verbatim from the Code of Virginia, published by the Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026. · Official source
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