                                 CODE OF VIRGINIA

STANDARD OF CARE IN PROCEEDING BEFORE MEDICAL MALPRACTICE REVIEW PANEL; EXPERT
TESTIMONY; DETERMINATION OF STANDARD IN ACTION FOR DAMAGES (§ 8.01-581.20)

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&#8217;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&#8217;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 &#xA7; 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.

HISTORY: 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.