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 § 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 § 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.
B. 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.
C. 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 § 8.01-581.2:1.
Code 1950, § 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.
Notes of Decisions
Cited in
111
cases (
1 in the last 5 years), 1978–2022 · leading case:
Morrison v. Bestler, 387 S.E.2d 753 (Va. 1990).
Morrison v. Bestler, 387 S.E.2d 753 (Va. 1990).
· cites it 69× “In this medical malpractice case, we determine whether failure to comply with the provisions of Code § 8.01-581.2, which state that no action "shall be brought within ninety days" after notice of malpractice claim, deprives the trial court of jurisdiction over the instant claim.”
Harris v. DiMattina, 462 S.E.2d 338 (Va. 1995).
· cites it 54× “They disagree regarding the effect of the 1993 amendment to Code § 8.01-581.2, which eliminated the "notice of claim" requirement, and the effect of the repeal of former Code § 8.”
Horn v. Abernathy, 343 S.E.2d 318 (Va. 1986).
· cites it 14× “Under Code § 8.01-581.2 (Repl. Vol. 1977), a claimant has no right to bring such an action unless he gives the health care provider written notice of his claim.”
Smith v. Richmond Mem'l Hosp., 416 S.E.2d 689 (Va. 1992).
· cites it 13× “The Hospital asserts that the trial court erred in holding that the notice of claim provisions of Va. Code § 8.01-581.2 are inapplicable to claims under COBRA.”
Baker v. Zirkle, 307 S.E.2d 234 (Va. 1983).
· cites it 13× “Whether the plea was properly sustained requires an analysis of the interaction between the applicable statute of limitations and certain statutory provisions, specifically, Code §§ 8.01-581.2 and -581.9, which concern medical malpractice review panels.”
Dolwick v. Leech, 800 F. Supp. 321 (E.D. Va. 1992).
· cites it 17× “3 When neither party *325 ultimately requests a malpractice review panel, a plaintiffs giving of notice of a claim pursuant to Va.Code Ann. § 8.01-581.2 tolls the statute of limitations on that claim for 120 days from the date the notice was delivered, or, if sent by registered…”
Dye v. Staley, 307 S.E.2d 237 (Va. 1983).
· cites it 9× “1 Code § 8.01-581.2, mentioned in -581.9, provides in pertinent part: No action may be brought for malpractice against a health care provider unless the claimant notifies such health care provider in writing prior to commencing the action.”
Cowan v. Psychiatric Assocs., Ltd., 387 S.E.2d 747 (Va. 1990).
· cites it 10× “Neither Cowan nor the defendants requested a review panel within 60 days of the notice of claim as authorized by Code § 8.01-581.2. Consequently, on February 25, 1988, Cowan filed an action on behalf of both decedents’ estates.”
Hagan v. Antonio, 397 S.E.2d 810 (Va. 1990).
· cites it 6× “" There is no dispute that this plaintiff did not give the required notice. But, is this an action for "malpractice" within the meaning of the Act? According to Code § 8.”
Gonzalez v. Fairfax Hosp. Sys., Inc., 389 S.E.2d 458 (Va. 1990).
· cites it 6× “*310 Code § 8.01-581.2 provides that “[n]o action may be brought for malpractice against a health care provider” unless a notice of claim is given.”
Edwards v. City of Portsmouth, 375 S.E.2d 747 (Va. 1989).
· cites it 4× “” We hold that the Act applied to the Hospital and that by filing suit three days after filing the notice of claim, Edwards violated Code § 8.01-581.2, which provides in pertinent part that “[n]o actions based on alleged malpractice shall be brought within ninety days of the…”
Glisson v. Loxley, 366 S.E.2d 68 (Va. 1988).
· cites it 4× “Code § 8.01-581.2 provides, “No action may be brought for malpractice against a health care provider unless the claimant notifies the health care provider in writing by registered or certified mail prior to commencing the action.”
— Va. Code Ann. § 8.01-581.2(A) — 23 cases
Hagan v. Antonio, 397 S.E.2d 810 (Va. 1990).
“" There is no dispute that this plaintiff did not give the required notice. But, is this an action for "malpractice" within the meaning of the Act? According to Code § 8.”
Gonzalez v. Fairfax Hosp. Sys., Inc., 389 S.E.2d 458 (Va. 1990).
“*310 Code § 8.01-581.2 provides that “[n]o action may be brought for malpractice against a health care provider” unless a notice of claim is given.”
— Va. Code Ann. § 8.01-581.2(D) — 3 cases
Dolwick v. Leech, 800 F. Supp. 321 (E.D. Va. 1992).
“3 When neither party *325 ultimately requests a malpractice review panel, a plaintiffs giving of notice of a claim pursuant to Va.Code Ann. § 8.01-581.2 tolls the statute of limitations on that claim for 120 days from the date the notice was delivered, or, if sent by registered…”
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