                                 CODE OF VIRGINIA

CERTIFICATION OF EXPERT WITNESS OPINION AT TIME OF SERVICE OF PROCESS (§
16.1-83.1)

A. Every warrant in debt, counter claim, or third party claim in a medical
malpractice action, at the time the plaintiff first requests service of process
upon a defendant, or requests a defendant to accept service of process, shall be
deemed a certification that the plaintiff has obtained from an expert whom the
plaintiff reasonably believes would qualify as an expert witness pursuant to
subsection A of &#xA7; 8.01-581.20 a written opinion signed by the expert
witness that states:
			BASED UPON A REASONABLE UNDERSTANDING OF THE FACTS, THE DEFENDANT FOR WHOM
SERVICE OF PROCESS HAS BEEN REQUESTED DEVIATED FROM THE APPLICABLE STANDARD OF
CARE AND THE DEVIATION WAS A PROXIMATE CAUSE OF THE INJURIES CLAIMED.
			No further statement or opinion from the expert shall be required for the
purposes of this section. The plaintiff may have separate certifications for
standard of care and causation. Each defendant who is the subject of an expert
witness&#8217;s certification shall be identified in the certification.

B. This certification is not necessary if the plaintiff, in good faith, alleges
a medical malpractice action that asserts a theory of liability where expert
testimony is unnecessary because the alleged act of negligence clearly lies
within the range of the jury&#8217;s common knowledge and experience.

C. The certifying expert shall not be required to be an expert witness expected
to testify at trial nor shall any defendant be entitled to discover the identity
or qualifications of the certifying expert or the nature of the certifying
expert opinions. Should the certifying expert be identified as an expert
expected to testify at trial, the opinions and bases therefor shall be
discoverable pursuant to Rule 4:1 of the Rules of Supreme Court of Virginia with
the exception of the expert&#8217;s status as a certifying expert.

D. Within 21 days of an answer being filed by a defendant upon whom service of
process has been requested, the plaintiff shall certify to such defendant that
the plaintiff had obtained the necessary certifying expert opinion at the time
service was requested or affirms that the plaintiff did not need to obtain a
certifying expert witness opinion by including a statement that reads: THIS IS
TO CERTIFY THAT THE PLAINTIFF HAS COMPLIED WITH &#xA7; 16.1-83.1 OF THE CODE OF
VIRGINIA. The court, upon good cause shown, may conduct an in camera review of
the certifying expert opinion obtained by the plaintiff as the court may deem
appropriate. If the plaintiff did not obtain a necessary certifying expert
opinion at the time the plaintiff requested service of process on a defendant as
required under this section, the court shall impose sanctions according to the
provisions of &#xA7; 8.01-271.1 and may dismiss the case with prejudice.

HISTORY: 2005, cc. 649, 692; 2007, c. 489; 2013, cc. 65, 610; 2025, c. 359.