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.
Notes of Decisions
Cited in
11
cases, 1978–2004 · leading case:
Raines v. Lutz, 341 S.E.2d 194 (Va. 1986).
Raines v. Lutz, 341 S.E.2d 194 (Va. 1986).
· cites it 2× “Code § 8.01-581.7(A). The medical malpractice statutes did not supersede the jury system.”
Glisson v. Loxley, 366 S.E.2d 68 (Va. 1988).
· cites it 2× “, Code § 8.01-581.7. As pertinent to this case, the key term is “malpractice.”
Power v. Arlington Hosp., 800 F. Supp. 1384 (E.D. Va. 1992).
· cites it 3× “See Va.Code § 8.01-581.7. This focus is irrelevant to an EMTALA cause of action.”
Chandler v. Graffeo, 604 S.E.2d 1 (Va. 2004).
· cites it 2× “Code § 8.01-581.7(A) provides that a panel shall, after receiving all the evidence and after joint deliberation, render an opinion within 30 days.”
Vill. Gate Homeowners Ass'n v. Hales, 246 S.E.2d 903 (Va. 1978).
· cites it 2× “(13) At the conclusion of the hearing, the panel will deliberate in executive session and render its decision pursuant to Section 8.01-581.7 of the Code. RULE SEVEN.”
Deasy v. Hill, 833 F.2d 38 (4th Cir. 1987).
“Va. Code § 8.01-581.7. The opinion would be admissible as evidence at trial, and either party could call panel members to testify at trial.”
Herer v. Burns, 577 F. Supp. 762 (W.D. Va. 1984).
“§ 8.01-581.7 to -581.8. 9 . In DiAntonio , the plaintiff failed to avail himself of the Act by giving the required notice.”
Falat v. Med. Coll., 14 Va. Cir. 318 (1989).
· cites it 6× “Hear evidence and render an opinion pursuant to Section 8.01-581.7 of the Virginia Code, or 3.”
George v. Kaiser Found. Health, 15 Va. Cir. 327 (Fairfax Cir. Ct. 1989).
· cites it 6× “Hammock, to testify to matters not previously disclosed in discovery (specifically, his changed position on the standard of care); (4) that the trial court erred in excluding the advisory opinion of the medical malpractice review panel because it was not an exact choice of the…”
Samuel v. Commonwealth, 14 Va. Cir. 185 (1988).
· cites it 3× “Thus, while the panel may make any one of our specific findings set out in Va. Code § 8.01-581.7, Va. Code § 8.01-581.”
Adams v. Wright, 1 Va. Cir. 433 (Richmond County Cir. Ct. 1984).
· cites it 2× “Reference to Section 8.01-581.7 will show that all the panel does is to determine whether the appropriate standard of care has been followed and one of the four opinions given in the statute is made by the panel.”
— Va. Code Ann. § 8.01-581.7(A) — 2 cases
Raines v. Lutz, 341 S.E.2d 194 (Va. 1986).
“Code § 8.01-581.7(A). The medical malpractice statutes did not supersede the jury system.”
Chandler v. Graffeo, 604 S.E.2d 1 (Va. 2004).
“Code § 8.01-581.7(A) provides that a panel shall, after receiving all the evidence and after joint deliberation, render an opinion within 30 days.”
— Va. Code Ann. § 8.01-581.7(A)(4) — 1 case
George v. Kaiser Found. Health, 15 Va. Cir. 327 (Fairfax Cir. Ct. 1989).
“Hammock, to testify to matters not previously disclosed in discovery (specifically, his changed position on the standard of care); (4) that the trial court erred in excluding the advisory opinion of the medical malpractice review panel because it was not an exact choice of the…”
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