§ 8.01-581.2. Request for review by medical malpractice review panel;rescission of request; determination on request.
A. At any time within thirty days from the filing of the responsive pleadingin any action brought for malpractice against a health care provider, theplaintiff or defendant may request a review by a medical malpractice reviewpanel established as provided in § 8.01-581.3. The request shall be forwardedby the party making the request to the Clerk of the Supreme Court of Virginiawith a copy of the Motion for Judgment and a copy of all responsivepleadings. A copy of the request shall be filed with the clerk of the circuitcourt, and a copy shall be sent to all counsel of record. The request shallinclude the name of the judge to whom the case is assigned, if any. Uponreceipt of such request, the Supreme Court shall select the panel members asprovided in § 8.01-581.3:1 and shall designate a panel within sixty daysafter receipt of the request. If a panel is requested, proceedings on theaction based on the alleged malpractice shall be stayed during the period ofreview by the medical review panel, except that the judge may rule on anymotions, demurrers, or pleas that can be disposed of as a matter of law, setthe trial date after the panel has been designated and, prior to thedesignation of the panel, shall rule on any motions to transfer venue.
B. After the selection of the members of the review panel, the requestingparty may rescind a request for review by the panel only with the consent ofall parties or with leave of the judge presiding over the panel.
C. Any health care provider named as a defendant shall have the right torequest a panel and, in that event, shall give notice of its request to theother health care providers named in the motion for judgment as well as tothe plaintiff and his counsel of record. When a request for a medical reviewpanel is made by any party, a single panel shall be designated and all healthcare providers against whom a claim is asserted shall be subject to thejurisdiction of such panel. The provisions of this subsection shall notprohibit the addition of parties pursuant to § 8.01-581.2:1.
(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.)
§ 8.01-581.2. Request for review by medical malpractice review panel;rescission of request; determination on request.
A. At any time within thirty days from the filing of the responsive pleadingin any action brought for malpractice against a health care provider, theplaintiff or defendant may request a review by a medical malpractice reviewpanel established as provided in § 8.01-581.3. The request shall be forwardedby the party making the request to the Clerk of the Supreme Court of Virginiawith a copy of the Motion for Judgment and a copy of all responsivepleadings. A copy of the request shall be filed with the clerk of the circuitcourt, and a copy shall be sent to all counsel of record. The request shallinclude the name of the judge to whom the case is assigned, if any. Uponreceipt of such request, the Supreme Court shall select the panel members asprovided in § 8.01-581.3:1 and shall designate a panel within sixty daysafter receipt of the request. If a panel is requested, proceedings on theaction based on the alleged malpractice shall be stayed during the period ofreview by the medical review panel, except that the judge may rule on anymotions, demurrers, or pleas that can be disposed of as a matter of law, setthe trial date after the panel has been designated and, prior to thedesignation of the panel, shall rule on any motions to transfer venue.
B. After the selection of the members of the review panel, the requestingparty may rescind a request for review by the panel only with the consent ofall parties or with leave of the judge presiding over the panel.
C. Any health care provider named as a defendant shall have the right torequest a panel and, in that event, shall give notice of its request to theother health care providers named in the motion for judgment as well as tothe plaintiff and his counsel of record. When a request for a medical reviewpanel is made by any party, a single panel shall be designated and all healthcare providers against whom a claim is asserted shall be subject to thejurisdiction of such panel. The provisions of this subsection shall notprohibit the addition of parties pursuant to § 8.01-581.2:1.
(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.)
§ 8.01-581.2. Request for review by medical malpractice review panel;rescission of request; determination on request.
A. At any time within thirty days from the filing of the responsive pleadingin any action brought for malpractice against a health care provider, theplaintiff or defendant may request a review by a medical malpractice reviewpanel established as provided in § 8.01-581.3. The request shall be forwardedby the party making the request to the Clerk of the Supreme Court of Virginiawith a copy of the Motion for Judgment and a copy of all responsivepleadings. A copy of the request shall be filed with the clerk of the circuitcourt, and a copy shall be sent to all counsel of record. The request shallinclude the name of the judge to whom the case is assigned, if any. Uponreceipt of such request, the Supreme Court shall select the panel members asprovided in § 8.01-581.3:1 and shall designate a panel within sixty daysafter receipt of the request. If a panel is requested, proceedings on theaction based on the alleged malpractice shall be stayed during the period ofreview by the medical review panel, except that the judge may rule on anymotions, demurrers, or pleas that can be disposed of as a matter of law, setthe trial date after the panel has been designated and, prior to thedesignation of the panel, shall rule on any motions to transfer venue.
B. After the selection of the members of the review panel, the requestingparty may rescind a request for review by the panel only with the consent ofall parties or with leave of the judge presiding over the panel.
C. Any health care provider named as a defendant shall have the right torequest a panel and, in that event, shall give notice of its request to theother health care providers named in the motion for judgment as well as tothe plaintiff and his counsel of record. When a request for a medical reviewpanel is made by any party, a single panel shall be designated and all healthcare providers against whom a claim is asserted shall be subject to thejurisdiction of such panel. The provisions of this subsection shall notprohibit the addition of parties pursuant to § 8.01-581.2:1.
(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.)
