§ 8.01-581.1 Definitions.
§ 8.01-581.2 Request for review by medical malpractice review panel; rescission of request; determination on request.
§ 8.01-581.2:1 Additional parties.
§ 8.01-581.3 Composition, selection, etc., of panel.
§ 8.01-581.3:1 Completion of discovery; hearing date; notification to parties and panel members; oath of panel members.
§ 8.01-581.4 Submission of evidence to panel; depositions and discovery; duties of chairman; access to material.
§ 8.01-581.4:1 Assembly of record.
§ 8.01-581.4:2 Removal of record for inspection and copying; notice.
§ 8.01-581.5 When hearing to be held; notice to parties.
§ 8.01-581.6 Conduct of proceedings.
§ 8.01-581.7 Opinion of panel.
§ 8.01-581.7:1 Limitation on panel opinion.
§ 8.01-581.8 Admissibility of opinion as evidence; appearance of panel members as witnesses; immunity from civil liability.
§ 8.01-581.9 Repealed.
§ 8.01-581.10 Per diem and expenses of panel.
§ 8.01-581.11 Rules and regulations.
§ 8.01-581.11:1 Objections not waived by participation.
§ 8.01-581.12 Arbitration of medical malpractice claims.
§ 8.01-581.12:1 Repealed.
§ 8.01-581.12:2 Article not applicable to actions arising prior to July 1, 1976.

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Terms Used In Virginia Code > Title 8.01 > Chapter 21.1 > Article 1 - Medical Malpractice Review Panels; Arbitration of Malpractice Claims.

  • attorney: means attorney-at-law. See Virginia Code 54.1-3900
  • Board: when used in this chapter shall mean the Board of Bar Examiners. See Virginia Code 54.1-3919
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Health care: means any act, professional services in nursing homes, or treatment performed or furnished, or which should have been performed or furnished, by any health care provider for, to, or on behalf of a patient during the patient's medical diagnosis, care, treatment or confinement. See Virginia Code 8.01-581.1
  • Health care provider: means (i) a person, corporation, facility or institution licensed by this Commonwealth to provide health care or professional services as a physician or hospital, a dentist, a pharmacist, a registered nurse or licensed practical nurse or a person who holds a multistate privilege to practice such nursing under the Nurse Licensure Compact, an advanced practice registered nurse, an optometrist, a podiatrist, a physician assistant, a chiropractor, a physical therapist, a physical therapy assistant, a clinical psychologist, a clinical social worker, a professional counselor, a licensed marriage and family therapist, a licensed dental hygienist, a health maintenance organization, or an emergency medical care attendant or technician who provides services on a fee basis; (ii) a professional corporation, all of whose shareholders or members are so licensed; (iii) a partnership, all of whose partners are so licensed; (iv) a nursing home as defined in § Virginia Code 8.01-581.1
  • Health maintenance organization: means any person licensed pursuant to Virginia Code 8.01-581.1
  • Hospital: means a public or private institution licensed pursuant to Virginia Code 8.01-581.1
  • in writing: include any representation of words, letters, symbols, numbers, or figures, whether (i) printed or inscribed on a tangible medium or (ii) stored in an electronic or other medium and retrievable in a perceivable form and whether an electronic signature authorized by Virginia Code 1-257
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Malpractice: means any tort action or breach of contract action for personal injuries or wrongful death, based on health care or professional services rendered, or which should have been rendered, by a health care provider, to a patient. See Virginia Code 8.01-581.1
  • Oath: A promise to tell the truth.
  • Oath: includes affirmation. See Virginia Code 1-228
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Patient: means any natural person who receives or should have received health care from a licensed health care provider except those persons who are given health care in an emergency situation which exempts the health care provider from liability for his emergency services in accordance with § Virginia Code 8.01-581.1
  • Person: shall include individuals, a trust, an estate, a partnership, an association, an order, a corporation, or any other legal or commercial entity;

    6. See Virginia Code 8.01-2

  • Personal representative: includes the executor of a will or the administrator of the estate of a decedent, the administrator of such estate with the will annexed, the administrator of such estate unadministered by a former representative, whether there is a will or not, any person who is under the order of a circuit court to take into his possession the estate of a decedent for administration, and every other curator of a decedent's estate, for or against whom suits may be brought for causes of action that accrued to or against the decedent. See Virginia Code 1-234
  • Physician: means a person licensed to practice medicine or osteopathy in this Commonwealth pursuant to Chapter 29 of Title 54. See Virginia Code 8.01-581.1
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Process: includes subpoenas, the summons and complaint in a civil action, and process in statutory actions. See Virginia Code 1-237
  • Professional services in nursing homes: means services provided in a nursing home, as that term is defined in clause (iv) of the definition of health care provider in this section, by a health care provider related to health care, staffing to provide patient care, psycho-social services, personal hygiene, hydration, nutrition, fall assessments or interventions, patient monitoring, prevention and treatment of medical conditions, diagnosis or therapy. See Virginia Code 8.01-581.1
  • Quorum: The number of legislators that must be present to do business.
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • Supreme Court: means the Supreme Court of Virginia. See Virginia Code 1-249
  • sworn: means "affirm" or "affirmed. See Virginia Code 1-250
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • United States: includes the 50 states, the District of Columbia the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands and the United States Virgin Islands. See Virginia Code 1-255
  • Venue: The geographical location in which a case is tried.