2.6 Virginia Tort Claims Act

• Library: Medical Malpractice Law in Virginia (Virginia CLE) (2017 Ed.)

2.6 VIRGINIA TORT CLAIMS ACT

2.601 Introduction. The Commonwealth of Virginia is often named as a defendant in a medical malpractice action based on the alleged negligence of a health care provider employed by the commonwealth. Whether the individual defendant is protected by sovereign immunity is discussed in paragraph 2.5 of this chapter. The Virginia Tort Claims Act (VTCA) ¹¹⁴ describes the procedures for properly naming and suing the Commonwealth of Virginia.

The VTCA waives the Commonwealth's inherent immunity from suit under certain conditions and provides that

the Commonwealth shall be liable for claims for money only accruing on or after July 1, 1982, and any transportation district shall be liable for claims for money only accruing on or after July 1, 1986, on account of damage to or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee while acting within the scope of his employment under circumstances where the Commonwealth . . . if a private person, would be liable to the claimant for such damage, loss, injury or death. ¹¹⁵

2.602 Exceptions. Under the VTCA, the Commonwealth of Virginia does not waive its immunity from suit in response to the following claims:

1. Any claim against the Commonwealth based upon an act or omission which occurred prior to July 1, 1982 . . . [or] [a]ny claim against a transportation district based upon an act or omission which occurred prior to July 1, 1986;

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2.	Any claim based upon an act or omission of the General Assembly or district commission of any transportation district, or any member or staff thereof acting in his official capacity, or to the legislative function of any agency subject to the provisions of this article;
3.	Any claim based upon an act or omission of any court of the Commonwealth, or any member thereof acting in his official capacity, or to the judicial functions of any agency subject to the provisions of this article;
4.	Any claim based upon an act or omission of an officer, agent or employee of any agency of government in the execution of a lawful order of any court;
5.	Any claim arising in connection with the assessment or collection of taxes;
6.	Any claim arising out of the institution or prosecution of any judicial or administrative proceeding, even if without probable cause; and
7.	Any claim by an inmate of a state correctional facility . . . unless the

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