{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-581.12.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-581.12.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-581.12.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-581.12.html"}],"law_id":59889,"edition_id":1,"section_id":59889,"structure_id":14491,"section_number":"8.01-581.12","catch_line":"Arbitration of medical malpractice claims","history":"Code 1950, \u00a7 8-922; 1976, c. 611; 1977, c. 617; 1997, c. 801.","full_text":"A\n\nPersons desiring to enter into an agreement to arbitrate medical malpractice claims which have then arisen or may thereafter arise may submit such matters to arbitration under the provisions of Chapter 21 (§ 8.01-577 et seq.) of this title and an agreement to submit such matters shall be binding upon the parties if the patient or claimant or his guardian, conservator, committee or personal representative is allowed by the terms of the agreement to withdraw therefrom, and to decline to submit any matter then or thereafter in controversy, within a period of at least sixty days after the termination of health care or, if the patient is under disability by reason of age and at the time of termination without a guardian who could take such action for him, or if he is incapacitated and without a guardian or conservator who could take such action for him, or if such termination is by death or if death occurs within sixty days after termination, then within a period of at least sixty days after the appointment and qualification of the guardian, conservator or committee or personal representative.B\n\nProof of agreement to arbitrate and submission of a medical malpractice claim pursuant thereto shall be in accordance with Chapter 21 of this title, and a medical malpractice panel appointed under this article may be designated to arbitrate the matter, either by the arbitration agreement or by the parties to the agreement.C\n\nAn insurer of a health care provider shall be bound by the award of an arbitration panel or arbitrators acting pursuant to a good faith submission hereunder to the extent to which it would have been obligated by a judgment entered in an action at law with respect to the matter submitted; provided, that such insurer has agreed prior to the submission to be bound by the award of such arbitration panel or arbitrators.","order_by":null,"text":{"0":{"id":219383,"text":"Persons desiring to enter into an agreement to arbitrate medical malpractice claims which have then arisen or may thereafter arise may submit such matters to arbitration under the provisions of Chapter 21 (§ 8.01-577 et seq.) of this title and an agreement to submit such matters shall be binding upon the parties if the patient or claimant or his guardian, conservator, committee or personal representative is allowed by the terms of the agreement to withdraw therefrom, and to decline to submit any matter then or thereafter in controversy, within a period of at least sixty days after the termination of health care or, if the patient is under disability by reason of age and at the time of termination without a guardian who could take such action for him, or if he is incapacitated and without a guardian or conservator who could take such action for him, or if such termination is by death or if death occurs within sixty days after termination, then within a period of at least sixty days after the appointment and qualification of the guardian, conservator or committee or personal representative.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":219384,"text":"Proof of agreement to arbitrate and submission of a medical malpractice claim pursuant thereto shall be in accordance with Chapter 21 of this title, and a medical malpractice panel appointed under this article may be designated to arbitrate the matter, either by the arbitration agreement or by the parties to the agreement.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":219385,"text":"An insurer of a health care provider shall be bound by the award of an arbitration panel or arbitrators acting pursuant to a good faith submission hereunder to the extent to which it would have been obligated by a judgment entered in an action at law with respect to the matter submitted; provided, that such insurer has agreed prior to the submission to be bound by the award of such arbitration panel or arbitrators.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14491,"edition_id":1,"name":"Medical Malpractice Review Panels; Arbitration of Malpractice Claims","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":14387,"metadata":{},"date_created":"2026-06-26 03:48:20","date_modified":"2026-06-26 03:48:20","permalink":{"id":278897,"object_type":"structure","relational_id":14491,"identifier":"1","token":"8.01\/21.1\/1","url":"\/8.01\/21.1\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14387,"edition_id":1,"name":"Medical Malpractice","identifier":"21.1","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:47:58","date_modified":"2026-06-26 03:47:58","permalink":{"id":278895,"object_type":"structure","relational_id":14387,"identifier":"21.1","token":"8.01\/21.1","url":"\/8.01\/21.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":79489,"structure_id":14491,"section_number":"8.01-581.1","catch_line":"Definitions","url":"\/8.01-581.1\/","token":"8.01\/21.1\/1\/8.01-581.1","metadata":false},{"id":85316,"structure_id":14491,"section_number":"8.01-581.10","catch_line":"Per diem and expenses of panel","url":"\/8.01-581.10\/","token":"8.01\/21.1\/1\/8.01-581.10","metadata":false},{"id":61203,"structure_id":14491,"section_number":"8.01-581.11","catch_line":"Rules and regulations","url":"\/8.01-581.11\/","token":"8.01\/21.1\/1\/8.01-581.11","metadata":false},{"id":60108,"structure_id":14491,"section_number":"8.01-581.11:1","catch_line":"Objections not waived by participation","url":"\/8.01-581.11_1\/","token":"8.01\/21.1\/1\/8.01-581.11_1","metadata":false},{"id":59889,"structure_id":14491,"section_number":"8.01-581.12","catch_line":"Arbitration of medical malpractice claims","url":"\/8.01-581.12\/","token":"8.01\/21.1\/1\/8.01-581.12","metadata":false},{"id":73634,"structure_id":14491,"section_number":"8.01-581.12:1","catch_line":"Repealed","url":"\/8.01-581.12_1\/","token":"8.01\/21.1\/1\/8.01-581.12_1","metadata":false},{"id":74483,"structure_id":14491,"section_number":"8.01-581.12:2","catch_line":"Article not applicable to actions arising prior to July 1, 1976","url":"\/8.01-581.12_2\/","token":"8.01\/21.1\/1\/8.01-581.12_2","metadata":false},{"id":75486,"structure_id":14491,"section_number":"8.01-581.2","catch_line":"Request for review by medical malpractice review panel; rescission of request; determination on request","url":"\/8.01-581.2\/","token":"8.01\/21.1\/1\/8.01-581.2","metadata":false},{"id":77555,"structure_id":14491,"section_number":"8.01-581.2:1","catch_line":"Additional parties","url":"\/8.01-581.2_1\/","token":"8.01\/21.1\/1\/8.01-581.2_1","metadata":false},{"id":86841,"structure_id":14491,"section_number":"8.01-581.3","catch_line":"Composition, selection, etc., of panel","url":"\/8.01-581.3\/","token":"8.01\/21.1\/1\/8.01-581.3","metadata":false},{"id":67909,"structure_id":14491,"section_number":"8.01-581.3:1","catch_line":"Completion of discovery; hearing date; notification to parties and panel members; oath of panel members","url":"\/8.01-581.3_1\/","token":"8.01\/21.1\/1\/8.01-581.3_1","metadata":false},{"id":64621,"structure_id":14491,"section_number":"8.01-581.4","catch_line":"Submission of evidence to panel; depositions and discovery; duties of chairman; access to material","url":"\/8.01-581.4\/","token":"8.01\/21.1\/1\/8.01-581.4","metadata":false},{"id":59615,"structure_id":14491,"section_number":"8.01-581.4:1","catch_line":"Assembly of record","url":"\/8.01-581.4_1\/","token":"8.01\/21.1\/1\/8.01-581.4_1","metadata":false},{"id":61853,"structure_id":14491,"section_number":"8.01-581.4:2","catch_line":"Removal of record for inspection and copying; notice","url":"\/8.01-581.4_2\/","token":"8.01\/21.1\/1\/8.01-581.4_2","metadata":false},{"id":77183,"structure_id":14491,"section_number":"8.01-581.5","catch_line":"When hearing to be held; notice to parties","url":"\/8.01-581.5\/","token":"8.01\/21.1\/1\/8.01-581.5","metadata":false},{"id":65662,"structure_id":14491,"section_number":"8.01-581.6","catch_line":"Conduct of proceedings","url":"\/8.01-581.6\/","token":"8.01\/21.1\/1\/8.01-581.6","metadata":false},{"id":62667,"structure_id":14491,"section_number":"8.01-581.7","catch_line":"Opinion of panel","url":"\/8.01-581.7\/","token":"8.01\/21.1\/1\/8.01-581.7","metadata":false},{"id":55894,"structure_id":14491,"section_number":"8.01-581.7:1","catch_line":"Limitation on panel opinion","url":"\/8.01-581.7_1\/","token":"8.01\/21.1\/1\/8.01-581.7_1","metadata":false},{"id":72710,"structure_id":14491,"section_number":"8.01-581.8","catch_line":"Admissibility of opinion as evidence; appearance of panel members as witnesses; immunity from civil liability","url":"\/8.01-581.8\/","token":"8.01\/21.1\/1\/8.01-581.8","metadata":false},{"id":64432,"structure_id":14491,"section_number":"8.01-581.9","catch_line":"Repealed","url":"\/8.01-581.9\/","token":"8.01\/21.1\/1\/8.01-581.9","metadata":false}],"previous_section":{"id":60108,"structure_id":14491,"section_number":"8.01-581.11:1","catch_line":"Objections not waived by participation","url":"\/8.01-581.11_1\/","token":"8.01\/21.1\/1\/8.01-581.11_1","metadata":false},"next_section":{"id":73634,"structure_id":14491,"section_number":"8.01-581.12:1","catch_line":"Repealed","url":"\/8.01-581.12_1\/","token":"8.01\/21.1\/1\/8.01-581.12_1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-581.12\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1976, chapter 611; in 1977, chapter 617; in 1997, chapter 801<\/a>.<\/p>","references":false,"refers_to":[{"id":80815,"section_number":"8.01-577","catch_line":"Submission of controversy; agreement to arbitrate; condition precedent to action","order_by":null,"url":"\/8.01-577\/"}],"permalink":{"id":278915,"object_type":"law","relational_id":59889,"identifier":"8.01-581.12","token":"8.01\/21.1\/1\/8.01-581.12","url":"\/8.01-581.12\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-581.12\/","token":"8.01\/21.1\/1\/8.01-581.12","dublin_core":{"Title":"Arbitration of medical malpractice claims","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-581.12","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Persons<\/span> desiring to enter into an agreement to arbitrate medical malpractice<\/span> claims which have then arisen or may thereafter arise may submit such matters to arbitration under the provisions of Chapter 21 (§ 8.01-577<\/a> et seq.) of this title and an agreement to submit such matters shall be binding upon the parties if the patient<\/span> or claimant or his guardian, conservator, committee or personal representative is allowed by the terms of the agreement to withdraw therefrom, and to decline to submit any matter then or thereafter in controversy, within a period of at least sixty days after the termination of health care<\/span> or, if the patient<\/span> is under disability by reason of age and at the time of termination without a guardian who could take such action<\/span> for him, or if he is incapacitated and without a guardian or conservator who could take such action<\/span> for him, or if such termination is by death or if death occurs within sixty days after termination, then within a period of at least sixty days after the appointment and qualification of the guardian, conservator or committee or personal representative. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Proof of agreement to arbitrate and submission of a medical malpractice<\/span> claim pursuant thereto shall be in accordance with Chapter 21 of this title, and a medical malpractice<\/span> panel<\/span> appointed under this article may be designated to arbitrate the matter, either by the arbitration agreement or by the parties to the agreement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> An insurer of a health care provider<\/span> shall be bound by the award of an arbitration panel<\/span> or arbitrators acting pursuant to a good faith submission hereunder to the extent to which it would have been obligated by a judgment<\/span> entered in an action<\/span> at law<\/span> with respect to the matter submitted; provided, that such insurer has agreed prior to the submission to be bound by the award of such arbitration panel<\/span> or arbitrators. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nARBITRATION OF MEDICAL MALPRACTICE CLAIMS (\u00a7 8.01-581.12)\n\nA. Persons desiring to enter into an agreement to arbitrate medical malpractice\nclaims which have then arisen or may thereafter arise may submit such matters to\narbitration under the provisions of Chapter 21 (§ 8.01-577 et seq.) of this\ntitle and an agreement to submit such matters shall be binding upon the parties\nif the patient or claimant or his guardian, conservator, committee or personal\nrepresentative is allowed by the terms of the agreement to withdraw therefrom,\nand to decline to submit any matter then or thereafter in controversy, within a\nperiod of at least sixty days after the termination of health care or, if the\npatient is under disability by reason of age and at the time of termination\nwithout a guardian who could take such action for him, or if he is incapacitated\nand without a guardian or conservator who could take such action for him, or if\nsuch termination is by death or if death occurs within sixty days after\ntermination, then within a period of at least sixty days after the appointment\nand qualification of the guardian, conservator or committee or personal\nrepresentative.\n\nB. Proof of agreement to arbitrate and submission of a medical malpractice claim\npursuant thereto shall be in accordance with Chapter 21 of this title, and a\nmedical malpractice panel appointed under this article may be designated to\narbitrate the matter, either by the arbitration agreement or by the parties to\nthe agreement.\n\nC. An insurer of a health care provider shall be bound by the award of an\narbitration panel or arbitrators acting pursuant to a good faith submission\nhereunder to the extent to which it would have been obligated by a judgment\nentered in an action at law with respect to the matter submitted; provided, that\nsuch insurer has agreed prior to the submission to be bound by the award of such\narbitration panel or arbitrators.\n\nHISTORY: Code 1950, \u00a7 8-922; 1976, c. 611; 1977, c. 617; 1997, c. 801.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}