{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/8.01-581.7.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/8.01-581.7.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/8.01-581.7.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/8.01-581.7.html"}],"law_id":377645,"edition_id":2,"section_id":377645,"structure_id":53671,"section_number":"8.01-581.7","catch_line":"Opinion of panel","history":"Code 1950, \u00a7 8-917; 1976, c. 611; 1977, c. 617; 1986, c. 227; 1993, c. 928.","full_text":"A\n\nWithin thirty days, after receiving all the evidence, the panel shall have the duty, after joint deliberation, to render one or more of the following opinions:\n\n1\n\nThe evidence does not support a conclusion that the health care provider failed to comply with the appropriate standard of care;\n\n2\n\nThe evidence supports a conclusion that the health care provider failed to comply with the appropriate standard of care and that such failure is a proximate cause in the alleged damages;\n\n3\n\nThe evidence supports a conclusion that the health care provider failed to comply with the appropriate standard of care and that such failure is not a proximate cause in the alleged damages; or\n\n4\n\nThe evidence indicates that there is a material issue of fact, not requiring an expert opinion, bearing on liability for consideration by a court or jury.\n\nB\n\nIf the review panel&#8217;s finding is that set forth in subdivision 2 of subsection A of this section, the panel may determine whether the plaintiff suffered any disability or impairment and the degree and extent thereof.\n\nC\n\nThe opinion shall be in writing and shall be signed by all panelists who agree therewith. Any member of the panel may note his dissent. All such opinions shall be filed with the clerk of the court in which the action is pending and mailed to the plaintiff and the defendant within five days of the date of their rendering. However, this subsection shall not be construed to preclude the panel from announcing the opinion in the presence of the parties or their counsel, provided a signed written opinion is subsequently mailed as provided in this subsection.\n\n","order_by":null,"text":{"0":{"id":1408881,"text":"Within thirty days, after receiving all the evidence, the panel shall have the duty, after joint deliberation, to render one or more of the following opinions:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":1408882,"text":"The evidence does not support a conclusion that the health care provider failed to comply with the appropriate standard of care;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":1408883,"text":"The evidence supports a conclusion that the health care provider failed to comply with the appropriate standard of care and that such failure is a proximate cause in the alleged damages;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":1408884,"text":"The evidence supports a conclusion that the health care provider failed to comply with the appropriate standard of care and that such failure is not a proximate cause in the alleged damages; or","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":1408885,"text":"The evidence indicates that there is a material issue of fact, not requiring an expert opinion, bearing on liability for consideration by a court or jury.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"B"},"5":{"id":1408886,"text":"If the review panel&#8217;s finding is that set forth in subdivision 2 of subsection A of this section, the panel may determine whether the plaintiff suffered any disability or impairment and the degree and extent thereof.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A4","next_prefix":"C"},"6":{"id":1408887,"text":"The opinion shall be in writing and shall be signed by all panelists who agree therewith. Any member of the panel may note his dissent. All such opinions shall be filed with the clerk of the court in which the action is pending and mailed to the plaintiff and the defendant within five days of the date of their rendering. However, this subsection shall not be construed to preclude the panel from announcing the opinion in the presence of the parties or their counsel, provided a signed written opinion is subsequently mailed as provided in this subsection.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":53671,"edition_id":2,"name":"Medical Malpractice Review Panels; Arbitration of Malpractice Claims","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":53670,"metadata":{"child_laws":20,"child_structures":0},"date_created":"2026-08-02 03:20:21","date_modified":"2026-08-02 12:28:25","permalink":{"id":1505899,"object_type":"structure","relational_id":53671,"identifier":"1","token":"8.01\/21.1\/1","url":"\/8.01\/21.1\/1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53670,"edition_id":2,"name":"Medical Malpractice","identifier":"21.1","label":"chapter","depth":2,"order_by":47,"parent_id":53558,"metadata":{"child_laws":31,"child_structures":2},"date_created":"2026-08-02 03:20:21","date_modified":"2026-08-02 12:28:25","permalink":{"id":1505897,"object_type":"structure","relational_id":53670,"identifier":"21.1","token":"8.01\/21.1","url":"\/8.01\/21.1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53558,"edition_id":2,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":12,"parent_id":null,"metadata":{"child_laws":1095,"child_structures":142},"date_created":"2026-08-02 03:18:32","date_modified":"2026-08-02 12:28:09","permalink":{"id":1504031,"object_type":"structure","relational_id":53558,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":377612,"structure_id":53671,"section_number":"8.01-581.1","catch_line":"Definitions","url":"\/8.01-581.1\/","token":"8.01\/21.1\/1\/8.01-581.1","metadata":false},{"id":377613,"structure_id":53671,"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","metadata":false},{"id":377614,"structure_id":53671,"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","metadata":false},{"id":377615,"structure_id":53671,"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","metadata":false},{"id":377616,"structure_id":53671,"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","metadata":false},{"id":377617,"structure_id":53671,"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","metadata":false},{"id":377618,"structure_id":53671,"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","metadata":false},{"id":377628,"structure_id":53671,"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","metadata":false},{"id":377637,"structure_id":53671,"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","metadata":false},{"id":377638,"structure_id":53671,"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","metadata":false},{"id":377639,"structure_id":53671,"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","metadata":false},{"id":377640,"structure_id":53671,"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","metadata":false},{"id":377641,"structure_id":53671,"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","metadata":false},{"id":377642,"structure_id":53671,"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","metadata":false},{"id":377643,"structure_id":53671,"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","metadata":false},{"id":377644,"structure_id":53671,"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","metadata":false},{"id":377645,"structure_id":53671,"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","metadata":false},{"id":377646,"structure_id":53671,"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","metadata":false},{"id":377647,"structure_id":53671,"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","metadata":false},{"id":377648,"structure_id":53671,"section_number":"8.01-581.9","catch_line":"Repealed","url":"\/8.01-581.9\/","token":"8.01\/21.1\/1\/8.01-581.9","metadata":false}],"previous_section":{"id":377644,"structure_id":53671,"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","metadata":false},"next_section":{"id":377646,"structure_id":53671,"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","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-581.7\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1976, chapter 611; in 1977, chapter 617; in 1986, chapter 227; in 1993, chapter 928.<\/p>","references":[{"id":377640,"section_number":"8.01-581.4","catch_line":"Submission of evidence to panel; depositions and discovery; duties of chairman; access to material","order_by":null,"url":"\/8.01-581.4\/"},{"id":377644,"section_number":"8.01-581.6","catch_line":"Conduct of proceedings","order_by":null,"url":"\/8.01-581.6\/"}],"refers_to":false,"permalink":{"id":1505965,"object_type":"law","relational_id":377645,"identifier":"8.01-581.7","token":"8.01\/21.1\/1\/8.01-581.7","url":"\/8.01-581.7\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/8.01-581.7\/","token":"8.01\/21.1\/1\/8.01-581.7","dublin_core":{"Title":"Opinion of panel","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-581.7","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Within thirty days, after receiving all the <span class=\"dictionary\">evidence<\/span>, the <span class=\"dictionary\">panel<\/span> shall have the duty, after joint deliberation, to render one or more of the following <span class=\"dictionary\">opinions<\/span>: <a id=\"paragraph-1408881\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-581.7\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> The <span class=\"dictionary\">evidence<\/span> does not support a conclusion that the <span class=\"dictionary\">health care provider<\/span> failed to comply with the appropriate standard of care; <a id=\"paragraph-1408882\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-581.7\/#A1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> The <span class=\"dictionary\">evidence<\/span> supports a conclusion that the <span class=\"dictionary\">health care provider<\/span> failed to comply with the appropriate standard of care and that such failure is a proximate cause in the alleged <span class=\"dictionary\">damages<\/span>; <a id=\"paragraph-1408883\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-581.7\/#A2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> The <span class=\"dictionary\">evidence<\/span> supports a conclusion that the <span class=\"dictionary\">health care provider<\/span> failed to comply with the appropriate standard of care and that such failure is not a proximate cause in the alleged <span class=\"dictionary\">damages<\/span>; or <a id=\"paragraph-1408884\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-581.7\/#A3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> The <span class=\"dictionary\">evidence<\/span> indicates that there is a <span class=\"dictionary\">material<\/span> <span class=\"dictionary\">issue<\/span> of <span class=\"dictionary\">fact<\/span>, not requiring an expert <span class=\"dictionary\">opinion<\/span>, bearing on liability for consideration by a <span class=\"dictionary\">court<\/span> or <span class=\"dictionary\">jury<\/span>. <a id=\"paragraph-1408885\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-581.7\/#A4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> If the review <span class=\"dictionary\">panel<\/span>&#8217;s <span class=\"dictionary\">finding<\/span> is that set forth in subdivision 2 of subsection A of this section, the <span class=\"dictionary\">panel<\/span> may determine whether the <span class=\"dictionary\">plaintiff<\/span> suffered any disability or impairment and the degree and extent thereof. <a id=\"paragraph-1408886\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-581.7\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> The <span class=\"dictionary\">opinion<\/span> shall be in writing and shall be signed by all panelists who agree therewith. Any member of the <span class=\"dictionary\">panel<\/span> may note his dissent. All such <span class=\"dictionary\">opinions<\/span> shall be filed with the clerk of the <span class=\"dictionary\">court<\/span> in which the <span class=\"dictionary\">action<\/span> is pending and mailed to the <span class=\"dictionary\">plaintiff<\/span> and the <span class=\"dictionary\">defendant<\/span> within five days of the date of their rendering. However, this subsection shall not be construed to preclude the <span class=\"dictionary\">panel<\/span> from announcing the <span class=\"dictionary\">opinion<\/span> in the presence of the parties or their <span class=\"dictionary\">counsel<\/span>, provided a signed written <span class=\"dictionary\">opinion<\/span> is subsequently mailed as provided in this subsection. <a id=\"paragraph-1408887\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-581.7\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nOPINION OF PANEL (\u00a7 8.01-581.7)\n\nA. Within thirty days, after receiving all the evidence, the panel shall have\nthe duty, after joint deliberation, to render one or more of the following\nopinions:\n\n   1. The evidence does not support a conclusion that the health care provider\n   failed to comply with the appropriate standard of care;\n\n   2. The evidence supports a conclusion that the health care provider failed to\n   comply with the appropriate standard of care and that such failure is a\n   proximate cause in the alleged damages;\n\n   3. The evidence supports a conclusion that the health care provider failed to\n   comply with the appropriate standard of care and that such failure is not a\n   proximate cause in the alleged damages; or\n\n   4. The evidence indicates that there is a material issue of fact, not\n   requiring an expert opinion, bearing on liability for consideration by a court\n   or jury.\n\nB. If the review panel&#8217;s finding is that set forth in subdivision 2 of\nsubsection A of this section, the panel may determine whether the plaintiff\nsuffered any disability or impairment and the degree and extent thereof.\n\nC. The opinion shall be in writing and shall be signed by all panelists who\nagree therewith. Any member of the panel may note his dissent. All such opinions\nshall be filed with the clerk of the court in which the action is pending and\nmailed to the plaintiff and the defendant within five days of the date of their\nrendering. However, this subsection shall not be construed to preclude the panel\nfrom announcing the opinion in the presence of the parties or their counsel,\nprovided a signed written opinion is subsequently mailed as provided in this\nsubsection.\n\nHISTORY: Code 1950, \u00a7 8-917; 1976, c. 611; 1977, c. 617; 1986, c. 227; 1993, c.\n928.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}