§ 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
Full Text of § 8.01-581.1
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.