Participation in any medical malpractice review panel proceeding pursuant to this article shall not constitute a waiver by a party to the proceedings of any objections to the review panel procedure.
§ 8.01-581.11:1.Objections not waived by participation.
Chapter 21.1. Medical Malpractice · Article 1. Medical Malpractice Review Panels; Arbitration of Malpractice Claims · Last amended 1986 · Last verified July 16, 2026
In one sentenceTaking part in a medical review panel proceeding does not forfeit a party’s right to later object to how the panel process was conducted.
Full Text of § 8.01-581.11:1
Plain-English Summary
Without this protection, a party might worry that showing up for a panel hearing or submitting evidence to the panel could be read as accepting the process, forfeiting any later challenge to how it was run. This section forecloses that argument: participation in a medical malpractice review panel proceeding does not constitute a waiver of a party’s objections to the review panel procedure.
That means a party can take part fully — presenting evidence, cross-examining witnesses, responding to the panel’s questions — while still preserving procedural objections, such as challenges to the panel’s composition, timing, or evidentiary rulings, for later stages of the case.
Frequently Asked Questions
Does showing up to a review panel hearing waive a party’s objections to the panel process?
No. Participation in the proceeding does not constitute a waiver of objections to the review panel procedure.
What kind of objections does this protect?
Objections to the review panel procedure itself, arising from the party’s participation in the proceeding.
Does this section apply to the whole malpractice chapter or just the review panel article?
It applies to participation in a medical malpractice review panel proceeding pursuant to this article, Article 1.
Can a party take part in the hearing and still challenge the panel’s procedure afterward?
Yes, this section preserves that right.
Who benefits from this protection?
Any party to the review panel proceeding.
Amendment History
1986, c. 227.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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