Va. Code » Title 8.01. Civil Remedies and Procedure » Chapter 21.1. Medical Malpractice » Article 1. Medical Malpractice Review Panels; Arbitration of Malpractice Claims
Virginia Code

Va. Code Ann. § 8.01-581.8 (2026)

Admissibility of opinion as evidence; appearance of panel members as witnesses; immunity from civil liability

✓ current as of May 2026
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An opinion of the medical review panel shall be admissible as evidence in the action brought by the plaintiff, but shall not be conclusive. Either party shall have the right to call, at his cost, any member of the panel, except the judge, as a witness. If called, each witness shall be required to appear and testify. The panelist shall have absolute immunity from civil liability for all communications, findings, opinions and conclusions made in the course and scope of duties prescribed by this chapter.

Code 1950, § 8-918; 1976, c. 611; 1977, c. 617; 1978, c. 406; 1993, c. 928.

Notes of Decisions
Cited in 13 cases, 1986–2004 · leading case: Klarfeld v. Salsbury, 355 S.E.2d 319 (Va. 1987).
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Klarfeld v. Salsbury, 355 S.E.2d 319 (Va. 1987). · cites it 32× “" During the course of the trial in September 1983, the panel's opinion was offered by a defendant and received in evidence, as provided by Code § 8.01-581.8, over plaintiffs' objection.”
Raines v. Lutz, 341 S.E.2d 194 (Va. 1986). · cites it 5× “This case presents the question whether the written opinion of a medical malpractice review panel, when admitted into evidence at trial pursuant to Code § 8.01-581.8, is in itself sufficient to establish a prima facie case of negligence and proximate cause for the plaintiff.”
Chandler v. Graffeo, 604 S.E.2d 1 (Va. 2004). · cites it 4× “" Code § 8.01-581.8. Code § 8.01-581.1 defines "impartial health care provider" as a health care provider who (i) has not examined, treated or been consulted regarding the claimant or his family; (ii) does not anticipate examining, treating, or being consulted regarding the…”
Peck v. Tegtmeyer, 834 F. Supp. 903 (W.D. Va. 1992). · cites it 3× “…under the Federal Rules of Evidence. 5 . Va.Code § 8.01-581.2. 6 . Va.Code §§ 8.01-581.2 and 8.01-581.3. 7 . Va.Code § 8.01-581.8.”
Speet v. Bacaj, 377 S.E.2d 397 (Va. 1989). · cites it 2× “8 provides, inter alia, that the “opinion of the medical review panel shall be admissible as evidence in any action subsequently brought by the claimant in a court of law, but such opinion shall not be conclusive and either party shall have the right to call .”
Fairfax Hosp. Sys., Inc. v. McCarty, 419 S.E.2d 621 (Va. 1992). · cites it 2× “The Hospital’s entire argument on this issue *38 amounts to a recital of that portion of Code § 8.01-581.8 which provides that a Panel Opinion “shall be admissible as evidence in any action subsequently brought by the claimant in a court of law.”
Dolwick v. Leech, 800 F. Supp. 321 (E.D. Va. 1992). · cites it 2× “Va. Code Ann. § 8.01-581.8 . An integral part of this review system requires the provision of notice of prospective medical malpractice claims to the implicated health care providers prior to filing suit in order to allow the prospective defendants to elect to submit the dispute…”
Deasy v. Hill, 833 F.2d 38 (4th Cir. 1987). “Va. Code § 8.01-581.8. Since this system was implemented in 1976, the median time for conclusion of a review, from the initial request to issuance of a panel opinion, has been slightly over eight months.”
Lovelace v. Rockingham Mem'l Hosp., 299 F. Supp. 2d 617 (W.D. Va. 2004). “Therefore, the hospital’s motion for interlocutory appeal is denied. IV. For the reasons stated above, the court denies the hospital’s motion to reconsider the magistrate judge’s ruling.”
Samuel v. Commonwealth, 14 Va. Cir. 185 (1988). · cites it 3× “7, Va. Code § 8.01-581.8 specifically states: An opinion of the medical review panel shall be admissible as evidence in any action subsequently brought by the claimant in a court of law, but such opinion shall not be conclusive .”
Dowdy v. Blackburn, 25 Va. Cir. 272 (Lynchburg Cir. Ct. 1991). · cites it 3× “Section 8.01-581.8 of the Code of Virginia specifically provides that each member of the panel, except the chairman, may be called as a witness to appear and testify.”
Glier v. Favereau, 33 Va. Cir. 464 (Warren Cir. Ct. 1994). · cites it 2× “Virginia Code § 8.01-581.8. Therefore, Defendant’s Motion to Quash his deposition is denied.”
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