Definitions

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  • As used in this subchapter except where otherwise provided—
    • (a) “Government agency” means any governmental entity, board, bureau, commission, department, agency, division, authority, office, or agent, or semi-private governmental entity receiving governmental funds for its operation in whole or in part, or any entity having bonding authority under the Virgin Islands Government in whole or in part.

    • (b) “Health care” means any act, 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 care, treatment or confinement.

    • (c) “Health care provider” means a person, corporation, facility or institution who must be licensed by this territory to provide health care or professional medical services including a medical, osteopathic, chiropractic or naturopathic physician, hospital, dentist, registered or licensed practical nurse to include the Advanced Practice Registered Nurse, optometrist, podiatrist, physical therapist, psychologist, paramedical personnel, emergency medical technician, pharmacist and laboratory technician.

    • (d) “Hospital” means a public or private institution licensed under Title 19, Virgin Islands Code, chapter 15.

    • (e) “Insurer” means the authority or an insurance company engaged in making in this territory malpractice liability insurance pursuant to Title 22, Virgin Islands Code.

    • (f) “Malpractice” means any tort or breach of contract based on health care or professional services rendered, or which should have been rendered by a health care provider, to a patient.

    • (g) “occurrence” means all losses sustained as a result of the same act or omission constituting negligence, which constitutes a single occurrence, happening, or event for purposes of applying the $250,000 coverage limitation as contained in Section 166b of this Chapter.

    • (h) “Territorial Office of Risk Management” means the Office created to implement and administer the provisions of this subchapter IX relating to the Department of Health's Self-Insurance Retention Program as well as other risk management programs developed by the Department of Health and the St. Thomas and St. Croix Hospitals.

    • (i) “Patient” means a natural person who receives or should have received health care from a licensed health care provider, under a contract, express or implied.

    • (j) “Private practice” means provision of health care by health care providers who are not Government employees and are self-employed.

    • (k) “Representative” means the spouse, parent, guardian, trustee, attorney or other legal agent of the patient.

    • (l) Wherever necessary to the context of this subchapter the masculine shall mean and include the feminine and the singular shall mean and include the plural.

    • (m) “Economic damages” include:

      • (1) medical costs;

      • (2) hospital costs;

      • (3) costs for custodial care, rehabilitation, and physical therapy; and

      • (4) lost earnings.

    • (n) “Noneconomic damage” includes:

      • (1) pain and suffering;

      • (2) loss of consortium;

      • (3) inconvenience;

      • (4) physical impairment; and

      • (5) disfigurement.


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