Chapter 21.1. Medical Malpractice · Article 1. Medical Malpractice Review Panels; Arbitration of Malpractice Claims · Last amended 1993 · Last verified July 16, 2026
In one sentenceThe circuit court judge may allow a party to amend its review-panel request to add new parties or claims in the interest of justice — unless the request comes within ten days of the scheduled hearing or lacks merit — and the statute of limitations for any newly added party is tolled from the amendment request until the panel proceeding ends.
Full Text of § 8.01-581.2:1
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The judge of the circuit court hearing the case may grant leave to amend the request for a review panel to add additional parties or causes of action in furtherance of the ends of justice except where (i) the request for leave to amend is made less than ten days before the date set for the review panel to convene or for the hearing or (ii) the judge finds that the request for leave to amend is without merit. If leave to amend is granted, the judge may, upon motion of either party, stay the review panel proceedings or continue the trial, extend the time for completion of
discovery, filing of pleadings and other procedural limitations periods, or enter such other orders as are appropriate to avoid prejudice to the parties and to avoid unnecessary delay and duplication in the proceedings.
The statute of limitations as to any party added shall be tolled from the date of the request until completion of the panel proceedings. Leave to add additional parties to the review panel proceeding shall not be granted if the judge finds that the applicable statute of limitations has expired with respect to the new or additional parties or causes of action.
Plain-English Summary
Malpractice cases sometimes reveal additional defendants or theories only after the review panel process is already underway. This section gives the judge room to let a party amend its panel request to add them, “in furtherance of the ends of justice,” rather than forcing a fresh proceeding from scratch.
That flexibility has limits. The judge can’t grant leave to amend if the request comes fewer than ten days before the panel is set to convene or hold its hearing, or if the judge concludes the request is without merit. And leave won’t be granted at all if the applicable statute of limitations has already run against the new party or claim.
Once leave to amend is granted, the judge has tools to keep the process orderly — staying the panel proceedings, continuing the trial, extending discovery or pleading deadlines, or entering other orders to prevent prejudice and avoid needless delay or duplication. And to keep the newly added party from being penalized by the delay, the statute of limitations against them is tolled from the date of the amendment request until the panel proceeding wraps up.
Frequently Asked Questions
Can a party be added to a review panel proceeding at any point?
No. The judge can’t grant leave to amend if the request is made less than ten days before the panel is to convene or hold its hearing, or if the judge finds the request without merit.
What happens to the statute of limitations for a newly added party?
It is tolled from the date of the request to amend until completion of the panel proceedings.
Can new parties be added if the statute of limitations has already run against them?
No. Leave to add additional parties will not be granted if the judge finds that the applicable statute of limitations has expired with respect to the new party or cause of action.
What can the judge do once leave to amend is granted?
Stay the review panel proceedings, continue the trial, extend the time for completing discovery or filing pleadings, or enter other orders appropriate to avoid prejudice to the parties and unnecessary delay or duplication.
Who decides whether to allow additional parties or claims?
The judge of the circuit court hearing the case.
Amendment History
1986, c. 227; 1993, c. 928.
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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