(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 the statute of limitations had not run prior to that date, regardless of the date any suit brought thereon is filed. Notwithstanding the foregoing, in actions which accrued prior to July 1, 1976, if a claimant has filed notice under § 8.01-581.2 of this article, his cause of action and any defense thereto shall be governed by this article.
(b) The term "has filed," as used in this section, is deemed to include the filing of notice under § 8.01-581.2 (or under repealed § 8-912) of this article where such filing occurred prior to the expiration of any applicable statute of limitation when the cause of action arose prior to July 1, 1976. This subsection (b) shall be applied retroactively to such causes of action.
Code 1950, § 8-924; 1977, c. 422; 1978, c. 262.
Structure Code of Virginia
Title 8.01 - Civil Remedies and Procedure
Chapter 21.1 - Medical Malpractice
§ 8.01-581.2:1. Additional parties
§ 8.01-581.3. Composition, selection, etc., of panel
§ 8.01-581.4:1. Assembly of record
§ 8.01-581.4:2. Removal of record for inspection and copying; notice
§ 8.01-581.5. When hearing to be held; notice to parties
§ 8.01-581.6. Conduct of proceedings
§ 8.01-581.7. Opinion of panel
§ 8.01-581.7:1. Limitation on panel opinion
§ 8.01-581.10. Per diem and expenses of panel
§ 8.01-581.11. Rules and regulations
§ 8.01-581.11:1. Objections not waived by participation
§ 8.01-581.12. Arbitration of medical malpractice claims
§ 8.01-581.12:2. Article not applicable to actions arising prior to July 1, 1976
§ 8.01-581.15. Limitation on recovery in certain medical malpractice actions
§ 8.01-581.16. Civil immunity for members of or consultants to certain boards or committees
§ 8.01-581.17. Privileged communications of certain committees and entities
§ 8.01-581.18:1. Immunity of physicians for laboratory results and examinations
§ 8.01-581.19:1. Civil immunity for persons providing information to certain committees