Code of Virginia - Title 8.01 Civil Remedies And Procedure - Chapter 21.1 Medical Malpractice

  • 8.01-581.1 Definitions
    As used in this chapter: "Health care" means any act, professional services in nursing homes, or treatment performed or furnished, or which should have been ...
  • 8.01-581.2 Request for review by medical malpractice review panel; rescission of request; determination on req...
    A. At any time within thirty days from the filing of the responsive pleading in any action brought for malpractice against a health care provider, ...
  • 8.01-581.2:1 Additional parties
    The judge of the circuit court hearing the case may grant leave to amend the request for a review panel to add additional parties or ...
  • 8.01-581.3 Composition, selection, etc., of panel
    The medical review panel shall consist of (i) two impartial attorneys and two impartial health care providers, licensed and actively practicing their professions in the ...
  • 8.01-581.3:1 Completion of discovery; hearing date; notification to parties and panel members; oath of panel mem...
    At the time that the panel is designated, the Supreme Court shall advise the clerk of the circuit court in which the matter was filed ...
  • 8.01-581.4 Submission of evidence to panel; depositions and discovery; duties of chairman; access to materia...
    The evidence to be considered by the medical review panel shall be promptly submitted by the respective parties, upon appointment of the panel, to each ...
  • 8.01-581.4:1 Assembly of record
    Upon conclusion of deliberations and rendering of an opinion by the panel, all documentary evidence submitted to the panel, a transcript of the ore tenus ...
  • 8.01-581.4:2 Removal of record for inspection and copying; notice
    Any party may, upon notice to all other parties or their counsel, remove any book, record or document which has been filed with the clerk ...
  • 8.01-581.5 When hearing to be held; notice to parties
    The plaintiff or defendant may request the medical review panel to hold a hearing on any claim referred to the medical review panel, in which ...
  • 8.01-581.6 Conduct of proceedings
    In the conduct of its proceedings: 1. The testimony of the witnesses shall be given under oath. Members of the medical review panel, once sworn, ...
  • 8.01-581.7 Opinion of panel
    A. Within thirty days, after receiving all the evidence, the panel shall have the duty, after joint deliberation, to render one or more of the ...
  • 8.01-581.7:1 Limitation on panel opinion
    Unless the parties otherwise agree, any opinion of the panel shall be rendered no later than six months from the designation of the panel unless ...
  • 8.01-581.8 Admissibility of opinion as evidence; appearance of panel members as witnesses; immunity from civi...
    An opinion of the medical review panel shall be admissible as evidence in the action brought by the plaintiff, but shall not be conclusive. Either ...
  • 8.01-581.9 Description unavailable
    Repealed by Acts 1993, c. 928. ...
  • 8.01-581.10 Per diem and expenses of panel
    Each member of the medical review panel shall be reimbursed for his actual and necessary expenses and shall be paid at a rate of fifty ...
  • 8.01-581.11 Rules and regulations
    The Chief Justice of the Supreme Court of Virginia shall promulgate all necessary rules and regulations to carry out the provisions of this chapter. (Code ...
  • 8.01-581.11:1 Objections not waived by participation
    Participation in any medical malpractice review panel proceeding pursuant to this article shall not constitute a waiver by a party to the proceedings of any ...
  • 8.01-581.12 Arbitration of medical malpractice claims
    A. Persons desiring to enter into an agreement to arbitrate medical malpractice claims which have then arisen or may thereafter arise may submit such matters ...
  • 8.01-581.12:1 Description unavailable
    Repealed by Acts 1979, c. 325. ...
  • 8.01-581.12:2 Article not applicable to actions arising prior to July 1, 1976
    (a) The provisions of this article shall not apply to any cause of action which arose prior to July 1, 1976, and as to which ...
  • 8.01-581.13 Civil immunity for certain health professionals and health profession students serving as members o...
    A. For the purposes of this subsection, "health professional" means any clinical psychologist, applied psychologist, school psychologist, dentist, certified emergency medical services personnel, licensed professional ...
  • 8.01-581.14 Description unavailable
    Repealed by Acts 2003, c. 397. ...
  • 8.01-581.15 Limitation on recovery in certain medical malpractice actions
    In any verdict returned against a health care provider in an action for malpractice where the act or acts of malpractice occurred on or after ...
  • 8.01-581.16 Civil immunity for members of or consultants to certain boards or committees
    Every member of, or health care professional consultant to, any committee, board, group, commission or other entity shall be immune from civil liability for any ...
  • 8.01-581.17 Privileged communications of certain committees and entities
    A. For the purposes of this section: "Centralized credentialing service" means (i) gathering information relating to applications for professional staff privileges at any public or ...
  • 8.01-581.18 Delivery of results of laboratory tests and other examinations not authorized by physicia...
    A. Whenever a laboratory test or other examination of the physical or mental condition of any person is conducted by or under the supervision of ...
  • 8.01-581.18:1 Immunity of physicians for laboratory results and examinations.
    A. No physician shall be liable for the failure to review or act on the results of laboratory tests or examinations of the physical or ...
  • 8.01-581.19 Civil immunity for physicians, psychologists, podiatrists, optometrists, veterinarians, nursing hom...
    A. Any physician, chiropractor, psychologist, podiatrist, veterinarian or optometrist licensed to practice in this Commonwealth shall be immune from civil liability for any communication, finding, ...
  • 8.01-581.19:1 Civil immunity for persons providing information to certain committees
    Any person who provides information to any committee, board, group, commission, or other entity which is authorized to investigate any complaint of physical or mental ...
  • 8.01-581.20 Standard of care in proceeding before medical malpractice review panel; expert testimony; determina...
    A. In any proceeding before a medical malpractice review panel or in any action against a physician, clinical psychologist, podiatrist, dentist, nurse, hospital or other ...
  • 8.01-581.20:1 Admissibility of expressions of sympathy
    In any civil action brought by an alleged victim of an unanticipated outcome of health care, or in any arbitration or medical malpractice review panel ...

Last modified: April 2, 2009