Virginia § 8.01-225.02 Certain liability protection for health care providers during disasters

Virginia Statutes

§ 8.01-225.02 — Certain liability protection for health care providers during disasters

Virginia § 8.01-225.02

Title 8.01Civil Remedies and Procedure

Ch. 3Actions

Art. 21Miscellaneous Provisions

This text of Virginia § 8.01-225.02 (Certain liability protection for health care providers during disasters) is published on Counsel Stack Legal Research, covering Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Va. Code Ann. § 8.01-225.02 (2026).

Text

A.In the absence of gross negligence or willful misconduct, any health care provider who responds to a disaster shall not be liable for any injury or wrongful death of any person arising from the delivery or withholding of health care when (i) a local emergency, state of emergency, or public health emergency has been or is subsequently declared in response to such disaster, and (ii) the emergency and subsequent conditions caused a lack of resources, attributable to the disaster, rendering the health care provider unable to provide the level or manner of care that otherwise would have been required in the absence of the emergency and which resulted in the injury or wrongful death at issue.

B.For purposes of this section: "Communicable disease of public health threat" has the same defini

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A. In the absence of gross negligence or willful misconduct, any health care provider who responds to a disaster shall not be liable for any injury or wrongful death of any person arising from the delivery or withholding of health care when (i) a local emergency, state of emergency, or public health emergency has been or is subsequently declared in response to such disaster, and (ii) the emergency and subsequent conditions caused a lack of resources, attributable to the disaster, rendering the health care provider unable to provide the level or manner of care that otherwise would have been required in the absence of the emergency and which resulted in the injury or wrongful death at issue.

B. For purposes of this section:

"Communicable disease of public health threat" has the same definition as provided in § 44-146.16.

"Disaster" means any "disaster," "emergency," or "major disaster" as those terms are used and defined in § 44-146.16.

"Health care provider" has the same definition as provided in § 8.01-581.1.

"Local emergency" has the same definition as provided in § 44-146.16.

"Public health emergency" has the same definition as provided in § 8.01-225.01.

"Resource shortage" has the same definition as provided in § 44-146.16.

"State of emergency" has the same definition as provided in § 44-146.16.