{"law_id":"796556","section_number":"8.01-581.2","catch_line":"Request for review by medical malpractice review panel; rescission of request; determination on request","history":"Code 1950, \u00a7 8-912; 1976, c. 611; 1977, c. 617; 1982, c. 151; 1984, cc. 443, 777; 1986, c. 227; 1989, c. 561; 1993, c. 928; 1994, c. 38; 1995, c. 367; 2000, c. 213; 2001, c. 252.","order_by":null,"metadata":false,"court_decisions":{"0":{"name":"Morrison v. Bestler","case_number":"Record No. 880177","citation":"387 S.E.2d 753","date":"1990-01-12","url":"https:\/\/www.courtlistener.com\/opinion\/1261024\/morrison-v-bestler\/","abstract":" .\u202f.\u202f. failure to comply with the provisions of Code \u00a7 8.01-581.2, which state that no action \"shall be .\u202f.\u202f. ","court_html":"<abbr title=\"Supreme Court of Virginia\">SCV<\/abbr>"},"1":{"name":"Baker v. Zirkle","case_number":"Record No. 820976","citation":"307 S.E.2d 234","date":"1983-09-09","url":"https:\/\/www.courtlistener.com\/opinion\/1227526\/baker-v-zirkle\/","abstract":" .\u202f.\u202f. certain statutory provisions, specifically, Code \u00a7\u00a7 8.01-581.2 and -581.9, which concern medical .\u202f.\u202f. ","court_html":"<abbr title=\"Supreme Court of Virginia\">SCV<\/abbr>"},"2":{"name":"Cowan v. Psychiatric Associates, Ltd.","case_number":"881059","citation":"387 S.E.2d 747","date":"1990-01-12","url":"https:\/\/www.courtlistener.com\/opinion\/1261220\/cowan-v-psychiatric-associates-ltd\/","abstract":" .\u202f.\u202f. Retired Justice. .\u202f.\u202f. ","court_html":"<abbr title=\"Supreme Court of Virginia\">SCV<\/abbr>"},"3":{"name":"Turner v. SHELDON D. WEXLER, DPM","case_number":"Record No. 911230","citation":"418 S.E.2d 886","date":"1992-06-05","url":"https:\/\/www.courtlistener.com\/opinion\/1312177\/turner-v-sheldon-d-wexler-dpm\/","abstract":" .\u202f.\u202f. notice of claim for medical malpractice. Code \u00a7 8.01-581.2. Once the notice of claim is properly .\u202f.\u202f. ","court_html":"<abbr title=\"Supreme Court of Virginia\">SCV<\/abbr>"},"4":{"name":" .\u202f.\u202f. Joseph Diantonio v. Northampton-Accomack Memorial Hospital .\u202f.\u202f. ","case_number":"79-1039","citation":"628 F.2d 287","date":"1980-08-26","url":"https:\/\/www.courtlistener.com\/opinion\/381294\/joseph-diantonio-v-northampton-accomack-memorial-hospital-and-gene-myers\/","abstract":" .\u202f.\u202f.        .\u202f.\u202f. ","court_html":"Court of Appeals for the Fourth Circuit"},"5":{"name":"Gonzalez v. FAIRFAX HOSP. SYSTEM, INC.","case_number":"Record No. 890114","citation":"389 S.E.2d 458","date":"1990-03-02","url":"https:\/\/www.courtlistener.com\/opinion\/1307173\/gonzalez-v-fairfax-hosp-system-inc\/","abstract":" .\u202f.\u202f. written notice of claim as required by Code \u00a7 8.01-581.2(A).[1] The trial court sustained the plea, .\u202f.\u202f. ","court_html":"<abbr title=\"Supreme Court of Virginia\">SCV<\/abbr>"},"6":{"name":"Horn v. Abernathy","case_number":"Record No. 821900","citation":"343 S.E.2d 318","date":"1986-04-25","url":"https:\/\/www.courtlistener.com\/opinion\/1269180\/horn-v-abernathy\/","abstract":" .\u202f.\u202f.  and obligations of the parties. .\u202f.\u202f. ","court_html":"<abbr title=\"Supreme Court of Virginia\">SCV<\/abbr>"},"7":{"name":"Fletcher v. Tarasidis","case_number":"Record No. 770568","citation":"250 S.E.2d 739","date":"1979-01-12","url":"https:\/\/www.courtlistener.com\/opinion\/1391957\/fletcher-v-tarasidis\/","abstract":" .\u202f.\u202f. plaintiff failed to comply with Code \u00a7 8-912 (now, \u00a7 8.01-581.2) which provides that \"[n]o action .\u202f.\u202f. ","court_html":"<abbr title=\"Supreme Court of Virginia\">SCV<\/abbr>"},"8":{"name":"Smith v. Richmond Memorial Hosp.","case_number":"Record No. 910585","citation":"416 S.E.2d 689","date":"1992-04-17","url":"https:\/\/www.courtlistener.com\/opinion\/1269997\/smith-v-richmond-memorial-hosp\/","abstract":" .\u202f.\u202f. required by Code \u00a7 8.01-581.2 was given. .\u202f.\u202f. ","court_html":"<abbr title=\"Supreme Court of Virginia\">SCV<\/abbr>"},"9":{"name":"Dye v. Staley","case_number":"Record No. 812215","citation":"307 S.E.2d 237","date":"1983-09-09","url":"https:\/\/www.courtlistener.com\/opinion\/1227378\/dye-v-staley\/","abstract":" .\u202f.\u202f. The giving of notice of a claim pursuant to \u00a7 8.01-581.2 shall toll the applicable statute of .\u202f.\u202f. ","court_html":"<abbr title=\"Supreme Court of Virginia\">SCV<\/abbr>"}},"official_url":"http:\/\/law.lis.virginia.gov\/vacode\/8.01-581.2\/","refers_to":[{"id":"766911","section_number":"8.01-581.2:1","catch_line":"Additional parties","url":"\/8.01-581.2:1\/"},{"id":"781437","section_number":"8.01-581.3","catch_line":"Composition, selection, etc., of panel","url":"\/8.01-581.3\/"},{"id":"794002","section_number":"8.01-581.3:1","catch_line":"Completion of discovery; hearing date; notification to parties and panel members; oath of panel members","url":"\/8.01-581.3:1\/"}],"url":"\/8.01-581.2\/","token":"8.01\/21.1\/1\/8.01-581.2","structure":{"1":{"id":"1285","name":"Medical Malpractice Review Panels; Arbitration Of Malpractice Claims","identifier":"1","label":"article","url":"\/8.01\/21.1\/1\/"},"2":{"id":"1284","name":"Medical Malpractice","identifier":"21.1","label":"chapter","url":"\/8.01\/21.1\/"},"3":{"id":"52","name":"Civil Remedies And Procedure","identifier":"8.01","label":"title","url":"\/8.01\/"}},"referred_to_by":false,"edition_id":"11","section_id":"796556","structure_id":"1285","full_text":"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, the plaintiff or defendant may request a review by a medical malpractice review panel established as provided in \u00a7 8.01-581.3. The request shall be forwarded by the party making the request to the Clerk of the Supreme Court of Virginia with a copy of the Motion for Judgment and a copy of all responsive pleadings. A copy of the request shall be filed with the clerk of the circuit court, and a copy shall be sent to all counsel of record. The request shall include the name of the judge to whom the case is assigned, if any. Upon receipt of such request, the Supreme Court shall select the panel members as provided in \u00a7 8.01-581.3:1 and shall designate a panel within sixty days after receipt of the request. If a panel is requested, proceedings on the action based on the alleged malpractice shall be stayed during the period of review by the medical review panel, except that the judge may rule on any motions, demurrers, or pleas that can be disposed of as a matter of law, set the trial date after the panel has been designated and, prior to the designation of the panel, shall rule on any motions to transfer venue.\r\rB After the selection of the members of the review panel, the requesting party may rescind a request for review by the panel only with the consent of all parties or with leave of the judge presiding over the panel.\r\rC Any health care provider named as a defendant shall have the right to request a panel and, in that event, shall give notice of its request to the other health care providers named in the motion for judgment as well as to the plaintiff and his counsel of record. When a request for a medical review panel is made by any party, a single panel shall be designated and all health care providers against whom a claim is asserted shall be subject to the jurisdiction of such panel. The provisions of this subsection shall not prohibit the addition of parties pursuant to \u00a7 8.01-581.2:1.\r\r","text":{"0":{"id":"2570855","text":"At any time within thirty days from the filing of the responsive pleading in any action brought for malpractice against a health care provider, the plaintiff or defendant may request a review by a medical malpractice review panel established as provided in \u00a7 8.01-581.3. The request shall be forwarded by the party making the request to the Clerk of the Supreme Court of Virginia with a copy of the Motion for Judgment and a copy of all responsive pleadings. A copy of the request shall be filed with the clerk of the circuit court, and a copy shall be sent to all counsel of record. The request shall include the name of the judge to whom the case is assigned, if any. Upon receipt of such request, the Supreme Court shall select the panel members as provided in \u00a7 8.01-581.3:1 and shall designate a panel within sixty days after receipt of the request. If a panel is requested, proceedings on the action based on the alleged malpractice shall be stayed during the period of review by the medical review panel, except that the judge may rule on any motions, demurrers, or pleas that can be disposed of as a matter of law, set the trial date after the panel has been designated and, prior to the designation of the panel, shall rule on any motions to transfer venue.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1},"1":{"id":"2570856","text":"After the selection of the members of the review panel, the requesting party may rescind a request for review by the panel only with the consent of all parties or with leave of the judge presiding over the panel.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1},"2":{"id":"2570857","text":"Any health care provider named as a defendant shall have the right to request a panel and, in that event, shall give notice of its request to the other health care providers named in the motion for judgment as well as to the plaintiff and his counsel of record. When a request for a medical review panel is made by any party, a single panel shall be designated and all health care providers against whom a claim is asserted shall be subject to the jurisdiction of such panel. The provisions of this subsection shall not prohibit the addition of parties pursuant to \u00a7 8.01-581.2:1.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1}},"ancestry":{"1":{"id":"1285","name":"Medical Malpractice Review Panels; Arbitration Of Malpractice Claims","identifier":"1","label":"article","url":"\/8.01\/21.1\/1\/"},"2":{"id":"1284","name":"Medical Malpractice","identifier":"21.1","label":"chapter","url":"\/8.01\/21.1\/"},"3":{"id":"52","name":"Civil Remedies And Procedure","identifier":"8.01","label":"title","url":"\/8.01\/"}},"structure_contents":{"0":{"id":"781272","structure_id":"1285","section_number":"8.01-581.1","catch_line":"Definitions","url":"\/8.01-581.1\/","token":"8.01\/21.1\/1\/8.01-581.1"},"1":{"id":"795832","structure_id":"1285","section_number":"8.01-581.10","catch_line":"Per diem and expenses of panel","url":"\/8.01-581.10\/","token":"8.01\/21.1\/1\/8.01-581.10"},"2":{"id":"793778","structure_id":"1285","section_number":"8.01-581.11","catch_line":"Rules and regulations","url":"\/8.01-581.11\/","token":"8.01\/21.1\/1\/8.01-581.11"},"3":{"id":"774036","structure_id":"1285","section_number":"8.01-581.11:1","catch_line":"Objections not waived by participation","url":"\/8.01-581.11:1\/","token":"8.01\/21.1\/1\/8.01-581.11:1"},"4":{"id":"766176","structure_id":"1285","section_number":"8.01-581.12","catch_line":"Arbitration of medical malpractice claims","url":"\/8.01-581.12\/","token":"8.01\/21.1\/1\/8.01-581.12"},"5":{"id":"774256","structure_id":"1285","section_number":"8.01-581.12:1","catch_line":"Repealed","url":"\/8.01-581.12:1\/","token":"8.01\/21.1\/1\/8.01-581.12:1"},"6":{"id":"788122","structure_id":"1285","section_number":"8.01-581.12:2","catch_line":"Article not applicable to actions arising prior to July 1, 1976","url":"\/8.01-581.12:2\/","token":"8.01\/21.1\/1\/8.01-581.12:2"},"7":{"id":"796556","structure_id":"1285","section_number":"8.01-581.2","catch_line":"Request for review by medical malpractice review panel; rescission of request; determination on request","url":"\/8.01-581.2\/","token":"8.01\/21.1\/1\/8.01-581.2"},"8":{"id":"766911","structure_id":"1285","section_number":"8.01-581.2:1","catch_line":"Additional parties","url":"\/8.01-581.2:1\/","token":"8.01\/21.1\/1\/8.01-581.2:1"},"9":{"id":"781437","structure_id":"1285","section_number":"8.01-581.3","catch_line":"Composition, selection, etc., of panel","url":"\/8.01-581.3\/","token":"8.01\/21.1\/1\/8.01-581.3"},"10":{"id":"794002","structure_id":"1285","section_number":"8.01-581.3:1","catch_line":"Completion of discovery; hearing date; notification to parties and panel members; oath of panel members","url":"\/8.01-581.3:1\/","token":"8.01\/21.1\/1\/8.01-581.3:1"},"11":{"id":"776935","structure_id":"1285","section_number":"8.01-581.4","catch_line":"Submission of evidence to panel; depositions and discovery; duties of chairman; access to material","url":"\/8.01-581.4\/","token":"8.01\/21.1\/1\/8.01-581.4"},"12":{"id":"784078","structure_id":"1285","section_number":"8.01-581.4:1","catch_line":"Assembly of record","url":"\/8.01-581.4:1\/","token":"8.01\/21.1\/1\/8.01-581.4:1"},"13":{"id":"778008","structure_id":"1285","section_number":"8.01-581.4:2","catch_line":"Removal of record for inspection and copying; notice","url":"\/8.01-581.4:2\/","token":"8.01\/21.1\/1\/8.01-581.4:2"},"14":{"id":"786755","structure_id":"1285","section_number":"8.01-581.5","catch_line":"When hearing to be held; notice to parties","url":"\/8.01-581.5\/","token":"8.01\/21.1\/1\/8.01-581.5"},"15":{"id":"777380","structure_id":"1285","section_number":"8.01-581.6","catch_line":"Conduct of proceedings","url":"\/8.01-581.6\/","token":"8.01\/21.1\/1\/8.01-581.6"},"16":{"id":"774268","structure_id":"1285","section_number":"8.01-581.7","catch_line":"Opinion of panel","url":"\/8.01-581.7\/","token":"8.01\/21.1\/1\/8.01-581.7"},"17":{"id":"777130","structure_id":"1285","section_number":"8.01-581.7:1","catch_line":"Limitation on panel opinion","url":"\/8.01-581.7:1\/","token":"8.01\/21.1\/1\/8.01-581.7:1"},"18":{"id":"774903","structure_id":"1285","section_number":"8.01-581.8","catch_line":"Admissibility of opinion as evidence; appearance of panel members as witnesses; immunity from civil liability","url":"\/8.01-581.8\/","token":"8.01\/21.1\/1\/8.01-581.8"},"19":{"id":"774665","structure_id":"1285","section_number":"8.01-581.9","catch_line":"Repealed","url":"\/8.01-581.9\/","token":"8.01\/21.1\/1\/8.01-581.9"}},"previous_section":{"id":"788122","structure_id":"1285","section_number":"8.01-581.12:2","catch_line":"Article not applicable to actions arising prior to July 1, 1976","url":"\/8.01-581.12:2\/","token":"8.01\/21.1\/1\/8.01-581.12:2"},"next_section":{"id":"766911","structure_id":"1285","section_number":"8.01-581.2:1","catch_line":"Additional parties","url":"\/8.01-581.2:1\/","token":"8.01\/21.1\/1\/8.01-581.2:1"},"references":[{"id":"788122","section_number":"8.01-581.12:2","catch_line":"Article not applicable to actions arising prior to July 1, 1976","url":"\/8.01-581.12:2\/"}],"formats":{"txt":"\/8.01-581.2.txt","json":"\/8.01-581.2.json","xml":"\/8.01-581.2.xml"},"dublin_core":{"Title":"Request for review by medical malpractice review panel; rescission of request; determination on request","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-581.2","Relation":"Code of Virginia"},"plain_text":"                                 CODE OF VIRGINIA\n\nREQUEST FOR REVIEW BY MEDICAL MALPRACTICE REVIEW PANEL; RESCISSION OF REQUEST;\nDETERMINATION ON REQUEST (\u00a7 8.01-581.2)\n\nA. At any time within thirty days from the filing of the responsive pleading in\nany action brought for malpractice against a health care provider, the plaintiff\nor defendant may request a review by a medical malpractice review panel\nestablished as provided in \u00a7 8.01-581.3. The request shall be forwarded by the\nparty making the request to the Clerk of the Supreme Court of Virginia with a\ncopy of the Motion for Judgment and a copy of all responsive pleadings. A copy\nof the request shall be filed with the clerk of the circuit court, and a copy\nshall be sent to all counsel of record. The request shall include the name of\nthe judge to whom the case is assigned, if any. Upon receipt of such request,\nthe Supreme Court shall select the panel members as provided in \u00a7 8.01-581.3:1\nand shall designate a panel within sixty days after receipt of the request. If a\npanel is requested, proceedings on the action based on the alleged malpractice\nshall be stayed during the period of review by the medical review panel, except\nthat the judge may rule on any motions, demurrers, or pleas that can be disposed\nof as a matter of law, set the trial date after the panel has been designated\nand, prior to the designation of the panel, shall rule on any motions to\ntransfer venue.\n\nB. After the selection of the members of the review panel, the requesting party\nmay rescind a request for review by the panel only with the consent of all\nparties or with leave of the judge presiding over the panel.\n\nC. Any health care provider named as a defendant shall have the right to request\na panel and, in that event, shall give notice of its request to the other health\ncare providers named in the motion for judgment as well as to the plaintiff and\nhis counsel of record. When a request for a medical review panel is made by any\nparty, a single panel shall be designated and all health care providers against\nwhom a claim is asserted shall be subject to the jurisdiction of such panel. The\nprovisions of this subsection shall not prohibit the addition of parties\npursuant to \u00a7 8.01-581.2:1.\n\nHISTORY: Code 1950, \u00a7 8-912; 1976, c. 611; 1977, c. 617; 1982, c. 151; 1984,\ncc. 443, 777; 1986, c. 227; 1989, c. 561; 1993, c. 928; 1994, c. 38; 1995, c.\n367; 2000, c. 213; 2001, c. 252."}