A. In any proceeding before a medical malpractice review panel or in any action against a physician, clinical psychologist, clinical social worker, licensed professional counselor, podiatrist, dentist, nurse, hospital, or other health care provider to recover damages alleged to have been caused by medical malpractice where the acts or omissions so complained of are alleged to have occurred in this Commonwealth, the standard of care by which the acts or omissions are to be judged shall be that degree of skill and diligence practiced by a reasonably prudent practitioner in the field of practice or specialty in this Commonwealth and the testimony of an expert witness, otherwise qualified, as to such standard of care, shall be admitted; provided, however, that the standard of care in the locality or in similar localities in which the alleged act or omission occurred shall be applied if any party shall prove by a preponderance of the evidence that the health care services and health care facilities available in the locality and the customary practices in such locality or similar localities give rise to a standard of care which is more appropriate than a statewide standard. Any health care provider who is licensed to practice in Virginia shall be presumed to know the statewide standard of care in the specialty or field of practice in which he is qualified and certified. This presumption shall also apply to any person who, but for the lack of a Virginia license, would be defined as a health care provider under this chapter, provided that such person is licensed in some other state of the United States and meets the educational and examination requirements for licensure in Virginia. An expert witness who is familiar with the statewide standard of care shall not have his testimony excluded on the ground that he does not practice in this Commonwealth. A witness shall be qualified to testify as an expert on the standard of care if he demonstrates expert knowledge of the standards of the defendant's specialty and of what conduct conforms or fails to conform to those standards and if he has had active clinical practice in either the defendant's specialty or a related field of medicine within one year of the date of the alleged act or omission forming the basis of the action.
The provisions of this section shall apply to expert witnesses testifying on the standard of care as it relates to professional services in nursing homes.
B. In any action for damages resulting from medical malpractice, any issue as to the standard of care to be applied shall be determined by the jury, or the court trying the case without a jury.
C. In any action described in this section, each party may designate, identify, or call to testify at trial no more than two expert witnesses per medical discipline on any issue presented. The court may permit a party, for good cause shown, to designate, identify, or call to testify at trial additional expert witnesses. The number of treating health care providers who may serve as expert witnesses pursuant to § 8.01-399 shall not be limited pursuant to this subsection, except for good cause shown. If the court permits a party to designate, identify, or call additional experts, the court may order that party to pay all costs incurred in the discovery of such additional experts. For good cause shown, pursuant to the Rules of Supreme Court of Virginia, the court may limit the number of expert witnesses other than those identified in this subsection whom a party may designate, identify, or call to testify at trial.
1979, c. 325; 1980, c. 164; 1989, cc. 146, 729; 1992, c. 240; 2003, c. 251; 2008, cc. 125, 169, 205; 2015, cc. 310, 361; 2020, c. 945; 2022, c. 509.
Notes of Decisions
Perdieu v. Blackstone Fam. Practice Ctr., Inc., 568 S.E.2d 703 (Va. 2002).
· cites it 34× “Leidelmeyer did not satisfy the requirements of Code § 8.01-581.20 because his part-time employment at the Health Department did not qualify as an “active clinical practice,” as required by the statute.”
Lloyd v. Kime, 654 S.E.2d 563 (Va. 2008).
· cites it 36× “Further, we consider whether the trial court erred in holding that the plaintiff's witness was not qualified to testify as to standard of care, breach of the standard of care, and proximate causation in this medical malpractice action because the expert failed to meet the…”
Hinkley v. Koehler, 606 S.E.2d 803 (Va. 2005).
· cites it 24× “In relevant part, that statute states: A witness shall be qualified to testify as an expert on the standard of care if he demonstrates expert knowledge of the standards of the defendant's specialty and of what conduct conforms or fails to conform to those standards and if he has…”
Wright v. Kaye, 593 S.E.2d 307 (Va. 2004).
· cites it 13× “Code § 8.01-581.20.” The trial court did not rule directly on Dr.”
Jackson v. Qureshi, 671 S.E.2d 163 (Va. 2009).
· cites it 26× “In this wrongful death action, the sole issue is whether a plaintiff's proffered medical expert witness satisfied the criteria of Code § 8.01-581.20 to testify on the standard of care in the defendant's specialty.”
Peck v. Tegtmeyer, 834 F. Supp. 903 (W.D. Va. 1992).
· cites it 30× “Marsden has never had a “clinical practice” of any kind, he does not meet the statutory requirements for qualification as an expert on the standard of care.”
Henning v. Thomas, 366 S.E.2d 109 (Va. 1988).
· cites it 16× “Code § 8.01-581.20 concerns the standard of care and expert testimony in a medical malpractice case; it provides in pertinent part as follows: [I]n any action against a physician .”
Griffett v. Ryan, 443 S.E.2d 149 (Va. 1994).
· cites it 16× “Code § 8.01-581.20 states in relevant part: Any physician who is licensed to practice in Virginia shall be presumed to know the statewide standard of care in the specialty or field of medicine in which he is qualified and certified.”
Holt v. Chalmeta, 809 S.E.2d 636 (Va. 2018).
· cites it 25× “BERNARD GOODWYN **26 In this medical malpractice appeal, we consider whether the circuit court erred when it refused to qualify plaintiff's only proposed expert witness, citing Code § 8.01-581.20, and granted summary judgment for the defendants.”
Alcoy v. Valley Nursing Homes, Inc., 630 S.E.2d 301 (Va. 2006).
· cites it 6× “Because the administrator's witnesses were not qualified to give expert medical testimony on the standard of care as required by Code § 8.01-581.20 in the Act, Valley moved for summary judgment.”
Didato v. Strehler, 554 S.E.2d 42 (Va. 2001).
· cites it 5× “The defendants’ contention that they could not assume a duty to a non-patient to comply with the standard of care in Code § 8.01-581.20 is without merit. We find no language in Code § 8.”
VA Bd. of Med. & VA Dep't of Health Professions v. Leila Hadad Zackrison, M.D., 796 S.E.2d 866 (Va. Ct. App. 2017).
· cites it 6× “In such cases, which like the instant proceeding before the Board involve questions regarding the appropriate standard of care, expert qualification is governed by Code § 8.01-581.20. Code § 8.01-581.20, provides, in pertinent part, that [a]ny health care provider who is…”
— Va. Code Ann. § 8.01-581.20(A) — 28 cases
Hinkley v. Koehler, 606 S.E.2d 803 (Va. 2005).
“In relevant part, that statute states: A witness shall be qualified to testify as an expert on the standard of care if he demonstrates expert knowledge of the standards of the defendant's specialty and of what conduct conforms or fails to conform to those standards and if he has…”
Wright v. Kaye, 593 S.E.2d 307 (Va. 2004).
“Code § 8.01-581.20.” The trial court did not rule directly on Dr.”
Holt v. Chalmeta, 809 S.E.2d 636 (Va. 2018).
“BERNARD GOODWYN **26 In this medical malpractice appeal, we consider whether the circuit court erred when it refused to qualify plaintiff's only proposed expert witness, citing Code § 8.01-581.20, and granted summary judgment for the defendants.”
Peck v. Tegtmeyer, 834 F. Supp. 903 (W.D. Va. 1992).
“Marsden has never had a “clinical practice” of any kind, he does not meet the statutory requirements for qualification as an expert on the standard of care.”
Lloyd v. Kime, 654 S.E.2d 563 (Va. 2008).
“Further, we consider whether the trial court erred in holding that the plaintiff's witness was not qualified to testify as to standard of care, breach of the standard of care, and proximate causation in this medical malpractice action because the expert failed to meet the…”
— Va. Code Ann. § 8.01-581.20(B) — 1 case
— Va. Code Ann. § 8.01-581.20(C) — 1 case
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