                                 CODE OF VIRGINIA

ARBITRATION OF MEDICAL MALPRACTICE CLAIMS (§ 8.01-581.12)

A. 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 (&#xA7; 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. 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.

C. 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.

HISTORY: Code 1950, § 8-922; 1976, c. 611; 1977, c. 617; 1997, c. 801.