§ 16.1-83.1. Certification of expert witness opinion at time of service ofprocess.
Every warrant in debt, counter claim, or third party claim in a medicalmalpractice action, at the time the plaintiff requests service of processupon a defendant, or requests a defendant to accept service of process, shallbe deemed a certification that the plaintiff has obtained from an expert whomthe plaintiff reasonably believes would qualify as an expert witness pursuantto subsection A of § 8.01-581.20 a written opinion signed by the expertwitness that, based upon a reasonable understanding of the facts, thedefendant for whom service of process has been requested deviated from theapplicable standard of care and the deviation was a proximate cause of theinjuries claimed. This certification is not necessary if the plaintiff, ingood faith, alleges a medical malpractice action that asserts a theory ofliability where expert testimony is unnecessary because the alleged act ofnegligence clearly lies within the range of the jury's common knowledge andexperience.
The certifying expert shall not be required to be an expert witness expectedto testify at trial nor shall any defendant be entitled to discover theidentity or qualifications of the certifying expert or the nature of thecertifying expert opinions. Should the certifying expert be identified as anexpert expected to testify at trial, the opinions and bases therefor shall bediscoverable pursuant to Rule 4:1 of the Rules of Supreme Court of Virginiawith the exception of the expert's status as a certifying expert.
Upon written request of any defendant, the plaintiff shall, within 10business days after receipt of such request, provide the defendant with acertification form which affirms that the plaintiff had obtained thenecessary certifying expert opinion at the time service was requested oraffirms that the plaintiff did not need to obtain a certifying expertopinion. If the plaintiff did not obtain a necessary certifying expertopinion at the time the plaintiff requested service of process on adefendant, the court shall impose sanctions according to the provisions of §8.01-271.1 and may dismiss the case with prejudice.
§ 16.1-83.1. Certification of expert witness opinion at time of service ofprocess.
Every warrant in debt, counter claim, or third party claim in a medicalmalpractice action, at the time the plaintiff requests service of processupon a defendant, or requests a defendant to accept service of process, shallbe deemed a certification that the plaintiff has obtained from an expert whomthe plaintiff reasonably believes would qualify as an expert witness pursuantto subsection A of § 8.01-581.20 a written opinion signed by the expertwitness that, based upon a reasonable understanding of the facts, thedefendant for whom service of process has been requested deviated from theapplicable standard of care and the deviation was a proximate cause of theinjuries claimed. This certification is not necessary if the plaintiff, ingood faith, alleges a medical malpractice action that asserts a theory ofliability where expert testimony is unnecessary because the alleged act ofnegligence clearly lies within the range of the jury's common knowledge andexperience.
The certifying expert shall not be required to be an expert witness expectedto testify at trial nor shall any defendant be entitled to discover theidentity or qualifications of the certifying expert or the nature of thecertifying expert opinions. Should the certifying expert be identified as anexpert expected to testify at trial, the opinions and bases therefor shall bediscoverable pursuant to Rule 4:1 of the Rules of Supreme Court of Virginiawith the exception of the expert's status as a certifying expert.
Upon written request of any defendant, the plaintiff shall, within 10business days after receipt of such request, provide the defendant with acertification form which affirms that the plaintiff had obtained thenecessary certifying expert opinion at the time service was requested oraffirms that the plaintiff did not need to obtain a certifying expertopinion. If the plaintiff did not obtain a necessary certifying expertopinion at the time the plaintiff requested service of process on adefendant, the court shall impose sanctions according to the provisions of §8.01-271.1 and may dismiss the case with prejudice.
§ 16.1-83.1. Certification of expert witness opinion at time of service ofprocess.
Every warrant in debt, counter claim, or third party claim in a medicalmalpractice action, at the time the plaintiff requests service of processupon a defendant, or requests a defendant to accept service of process, shallbe deemed a certification that the plaintiff has obtained from an expert whomthe plaintiff reasonably believes would qualify as an expert witness pursuantto subsection A of § 8.01-581.20 a written opinion signed by the expertwitness that, based upon a reasonable understanding of the facts, thedefendant for whom service of process has been requested deviated from theapplicable standard of care and the deviation was a proximate cause of theinjuries claimed. This certification is not necessary if the plaintiff, ingood faith, alleges a medical malpractice action that asserts a theory ofliability where expert testimony is unnecessary because the alleged act ofnegligence clearly lies within the range of the jury's common knowledge andexperience.
The certifying expert shall not be required to be an expert witness expectedto testify at trial nor shall any defendant be entitled to discover theidentity or qualifications of the certifying expert or the nature of thecertifying expert opinions. Should the certifying expert be identified as anexpert expected to testify at trial, the opinions and bases therefor shall bediscoverable pursuant to Rule 4:1 of the Rules of Supreme Court of Virginiawith the exception of the expert's status as a certifying expert.
Upon written request of any defendant, the plaintiff shall, within 10business days after receipt of such request, provide the defendant with acertification form which affirms that the plaintiff had obtained thenecessary certifying expert opinion at the time service was requested oraffirms that the plaintiff did not need to obtain a certifying expertopinion. If the plaintiff did not obtain a necessary certifying expertopinion at the time the plaintiff requested service of process on adefendant, the court shall impose sanctions according to the provisions of §8.01-271.1 and may dismiss the case with prejudice.
