                                 CODE OF VIRGINIA

REQUEST FOR REVIEW BY MEDICAL MALPRACTICE REVIEW PANEL; RESCISSION OF REQUEST;
DETERMINATION ON REQUEST (§ 8.01-581.2)

A. 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 &#xA7; 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 &#xA7;
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. 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.

C. 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 &#xA7; 8.01-581.2:1.

HISTORY: Code 1950, § 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.