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 causes of action in furtherance of the ends of justice except where (i) the request for leave to amend is made less than ten days before the date set for the review panel to convene or for the hearing or (ii) the judge finds that the request for leave to amend is without merit. If leave to amend is granted, the judge may, upon motion of either party, stay the review panel proceedings or continue the trial, extend the time for completion of discovery, filing of pleadings and other procedural limitations periods, or enter such other orders as are appropriate to avoid prejudice to the parties and to avoid unnecessary delay and duplication in the proceedings.
The statute of limitations as to any party added shall be tolled from the date of the request until completion of the panel proceedings. Leave to add additional parties to the review panel proceeding shall not be granted if the judge finds that the applicable statute of limitations has expired with respect to the new or additional parties or causes of action.
1986, c. 227; 1993, c. 928.
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