{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-581.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-581.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-581.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-581.2.html"}],"law_id":75486,"edition_id":1,"section_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","history":"Code 1950, \u00a7 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.","full_text":"A\n\nAt 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\n\nAfter 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\n\nAny 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.","order_by":null,"text":{"0":{"id":270934,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":270935,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":270936,"text":"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.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-581.2\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 11 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 1982, chapter 151; in 1984, chapters 443 and 777; in 1986, chapter 227; in 1989, chapter 561; in 1993, chapter 928; in 1994, chapter 38<\/a>; in 1995, chapter 367<\/a>; in 2000, chapter 213<\/a>; in 2001, chapter 252<\/a>.<\/p>","references":[{"id":74483,"section_number":"8.01-581.12:2","catch_line":"Article not applicable to actions arising prior to July 1, 1976","order_by":null,"url":"\/8.01-581.12_2\/"}],"refers_to":[{"id":77555,"section_number":"8.01-581.2:1","catch_line":"Additional parties","order_by":null,"url":"\/8.01-581.2_1\/"},{"id":86841,"section_number":"8.01-581.3","catch_line":"Composition, selection, etc., of panel","order_by":null,"url":"\/8.01-581.3\/"},{"id":67909,"section_number":"8.01-581.3:1","catch_line":"Completion of discovery; hearing date; notification to parties and panel members; oath of panel members","order_by":null,"url":"\/8.01-581.3_1\/"}],"permalink":{"id":278927,"object_type":"law","relational_id":75486,"identifier":"8.01-581.2","token":"8.01\/21.1\/1\/8.01-581.2","url":"\/8.01-581.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-581.2\/","token":"8.01\/21.1\/1\/8.01-581.2","dublin_core":{"Title":"Request for review by medical malpractice review panel; rescission of request; determination on request","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-581.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> At any time within thirty days from the filing of the responsive pleading in any action<\/span> brought for malpractice<\/span> against a health care provider<\/span>, the plaintiff<\/span> or defendant<\/span> may request a review by a medical malpractice<\/span> review panel<\/span> established as provided in § 8.01-581.3<\/a>. The request shall be forwarded by the party<\/span> making the request to the Clerk of the Supreme Court<\/span> of Virginia with a copy of the Motion for Judgment<\/span> and a copy of all responsive pleadings<\/span>. A copy of the request shall be filed with the clerk of the circuit<\/span> court<\/span>, and a copy shall be sent to all counsel<\/span> of record. The request shall include the name of the judge<\/span> to whom the case is assigned, if any. Upon receipt of such request, the Supreme Court<\/span> shall select the panel<\/span> members as provided in § 8.01-581.3:1<\/a> and shall designate a panel<\/span> within sixty days after receipt of the request. If a panel<\/span> is requested, proceedings on the action<\/span> based on the alleged malpractice<\/span> shall be stayed during the period of review by the medical review panel<\/span>, except that the judge<\/span> may rule on any motions<\/span>, demurrers<\/span>, or pleas<\/span> that can be disposed of as a matter of law<\/span>, set the trial<\/span> date after the panel<\/span> has been designated and, prior to the designation of the panel<\/span>, shall rule on any motions<\/span> to transfer venue<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> After the selection of the members of the review panel<\/span>, the requesting party<\/span> may rescind a request for review by the panel<\/span> only with the consent of all parties or with leave of the judge<\/span> presiding over the panel<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any health care provider<\/span> named as a defendant<\/span> shall have the right to request a panel<\/span> and, in that event, shall give notice of its request to the other health care providers<\/span> named in the motion for judgment<\/span> as well as to the plaintiff<\/span> and his counsel<\/span> of record. When a request for a medical review panel<\/span> is made by any party<\/span>, a single panel<\/span> shall be designated and all health care providers<\/span> against whom a claim is asserted shall be subject to the jurisdiction<\/span> of such panel<\/span>. The provisions of this subsection shall not prohibit the addition of parties pursuant to § 8.01-581.2:1<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREQUEST FOR REVIEW BY MEDICAL MALPRACTICE REVIEW PANEL; RESCISSION OF REQUEST;\nDETERMINATION ON REQUEST (\u00a7 8.01-581.2)\n\nA. At any time within thirty days from the filing of the responsive pleading in\nany action brought for malpractice against a health care provider, the plaintiff\nor defendant may request a review by a medical malpractice review panel\nestablished as provided in § 8.01-581.3. The request shall be forwarded by\nthe party making the request to the Clerk of the Supreme Court of Virginia with\na copy of the Motion for Judgment and a copy of all responsive pleadings. A copy\nof the request shall be filed with the clerk of the circuit court, and a copy\nshall be sent to all counsel of record. The request shall include the name of\nthe judge to whom the case is assigned, if any. Upon receipt of such request,\nthe Supreme Court shall select the panel members as provided in §\n8.01-581.3:1 and shall designate a panel within sixty days after receipt of the\nrequest. If a panel is requested, proceedings on the action based on the alleged\nmalpractice shall be stayed during the period of review by the medical review\npanel, except that the judge may rule on any motions, demurrers, or pleas that\ncan be disposed of as a matter of law, set the trial date after the panel has\nbeen designated and, prior to the designation of the panel, shall rule on any\nmotions to transfer venue.\n\nB. After the selection of the members of the review panel, the requesting party\nmay rescind a request for review by the panel only with the consent of all\nparties or with leave of the judge presiding over the panel.\n\nC. Any health care provider named as a defendant shall have the right to request\na panel and, in that event, shall give notice of its request to the other health\ncare providers named in the motion for judgment as well as to the plaintiff and\nhis counsel of record. When a request for a medical review panel is made by any\nparty, a single panel shall be designated and all health care providers against\nwhom a claim is asserted shall be subject to the jurisdiction of such panel. The\nprovisions of this subsection shall not prohibit the addition of parties\npursuant to § 8.01-581.2:1.\n\nHISTORY: Code 1950, \u00a7 8-912; 1976, c. 611; 1977, c. 617; 1982, c. 151; 1984,\ncc. 443, 777; 1986, c. 227; 1989, c. 561; 1993, c. 928; 1994, c. 38; 1995, c.\n367; 2000, c. 213; 2001, c. 252.","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}}