Subject of the Subrogation Statute

One of the few codified mentions of subrogation in Virginia deals with medical services rendered arising out of negligence.  VA Code § 8.01-66.4 allows for subrogation where “any person, firm or corporation who may pay the charges for which a lien is provided in §8.01-66.2 shall be subrogated to such lien.”  The lien in question is one automatically created by Virginia law.  The lien arises when one receives medical care arising from a negligent act.  The provider of the services has a lien on the injured person’s claim against the negligent person or entity.

Covered Entities

VA Code § 8.01-66.2 includes the following:

  • hospital, public or private
  • nursing home
  • physician
  • registered nurse
  • registered physical therapist in this Commonwealth
  • receives medicine from a pharmacy
  • ambulance service

Limitations on Recovery

Covered entities are limited to the ” just and reasonable charge for the service rendered, but not exceeding $2,500 in the case of a hospital or nursing home, $750 for each physician, nurse, physical therapist, or pharmacy, and $200 for each ambulance service.”

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