Code of Virginia
Chapter 21.1 - Medical Malpractice
§ 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 following opinions:
1. The evidence does not support a conclusion that the health care provider failed to comply with the appropriate standard of care;
2. 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;
3. 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
4. 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.
B. If the review panel'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.
C. 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.
Code 1950, § 8-917; 1976, c. 611; 1977, c. 617; 1986, c. 227; 1993, c. 928.

Structure Code of Virginia

Code of Virginia

Title 8.01 - Civil Remedies and Procedure

Chapter 21.1 - Medical Malpractice

§ 8.01-581.1. Definitions

§ 8.01-581.2. Request for review by medical malpractice review panel; rescission of request; determination on request

§ 8.01-581.2:1. Additional parties

§ 8.01-581.3. Composition, selection, etc., of panel

§ 8.01-581.3:1. Completion of discovery; hearing date; notification to parties and panel members; oath of panel members

§ 8.01-581.4. Submission of evidence to panel; depositions and discovery; duties of chairman; access to material

§ 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

§ 8.01-581.8. Admissibility of opinion as evidence; appearance of panel members as witnesses; immunity from civil liability

§ 8.01-581.9. Repealed

§ 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

§ 8.01-581.12:1. Repealed

§ 8.01-581.12:2. Article not applicable to actions arising prior to July 1, 1976

§ 8.01-581.13. Civil immunity for certain health professionals and health profession students serving as members of certain entities

§ 8.01-581.14. Repealed

§ 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. Delivery of results of laboratory tests and other examinations not authorized by physician

§ 8.01-581.18:1. Immunity of physicians for laboratory results and examinations

§ 8.01-581.19. Civil immunity for physicians, psychologists, podiatrists, optometrists, veterinarians, nursing home administrators, and certified emergency medical services providers while members of certain committees

§ 8.01-581.19:1. Civil immunity for persons providing information to certain committees

§ 8.01-581.20. Standard of care in proceeding before medical malpractice review panel; expert testimony; determination of standard in action for damages

§ 8.01-581.20:1. Admissibility of expressions of sympathy