A. At any time within thirty days from the filing of the responsive pleading in any action brought for malpractice against a health care provider, the plaintiff or defendant may request a review by a medical malpractice review panel established as provided in § 8.01-581.3. The request shall be forwarded by the party making the request to the Clerk of the Supreme Court of Virginia with a copy of the Motion for Judgment and a copy of all responsive pleadings. A copy of the request shall be filed with the clerk of the circuit court, and a copy shall be sent to all counsel of record. The request shall include the name of the judge to whom the case is assigned, if any. Upon receipt of such request, the Supreme Court shall select the panel members as provided in § 8.01-581.3:1 and shall designate a panel within sixty days after receipt of the request. If a panel is requested, proceedings on the action based on the alleged malpractice shall be stayed during the period of review by the medical review panel, except that the judge may rule on any motions, demurrers, or pleas that can be disposed of as a matter of law, set the trial date after the panel has been designated and, prior to the designation of the panel, shall rule on any motions to transfer venue.
§ 8.01-581.2.Request for review by medical malpractice review panel; rescission of request; determination on request.
Chapter 21.1. Medical Malpractice · Article 1. Medical Malpractice Review Panels; Arbitration of Malpractice Claims · Last amended 2001 · Last verified July 16, 2026
In one sentenceEither party in a malpractice suit may ask, within thirty days of the responsive pleading, that the Supreme Court convene a medical malpractice review panel, which stays the underlying case — apart from threshold legal rulings and venue motions — until the panel is designated and a hearing is scheduled.
Full Text of § 8.01-581.2
B. After the selection of the members of the review panel, the requesting party may rescind a request for review by the panel only with the consent of all parties or with leave of the judge presiding over the panel.
C. Any health care provider named as a defendant shall have the right to request a panel and, in that event, shall give notice of its request to the other health care providers named in the motion for judgment as well as to the plaintiff and his counsel of record. When a request for a medical review panel is made by any party, a single panel shall be designated and all health care providers against whom a claim is asserted shall be subject to the jurisdiction of such panel. The provisions of this subsection shall not prohibit the addition of parties pursuant to § 8.01-581.2:1.
Plain-English Summary
Virginia lets either side in a malpractice case ask for a screening step before trial: a medical malpractice review panel. The window to ask is narrow — thirty days from the filing of the responsive pleading — and the request has to go to the Clerk of the Supreme Court of Virginia along with the pleadings, with copies to the circuit court clerk and opposing counsel, plus the name of the assigned judge. The Supreme Court then has sixty days to designate the panel.
Once a panel is requested, the underlying lawsuit doesn’t grind to a halt. The judge can still resolve motions, demurrers, and pleas that turn on pure questions of law, and must rule on any motion to transfer venue before the panel is even designated. The judge may also set the trial date once the panel is in place. Everything else waits.
The section also addresses what happens with multiple defendants and second thoughts. Once panel members are selected, the requesting party can’t withdraw the request — that takes either everyone’s consent or the presiding judge’s permission. And if several health care providers are named as defendants, one request triggers a single consolidated panel covering all of them, rather than a separate panel for each.
Frequently Asked Questions
How long after the responsive pleading does a party have to request a review panel?
Thirty days from the filing of the responsive pleading in the malpractice action.
Who assembles the panel, and how quickly?
The Supreme Court of Virginia selects the panel members as provided in § 8.01-581.3:1 and must designate a panel within sixty days after receiving the request.
Does requesting a panel put the whole lawsuit on hold?
Not entirely. Proceedings are stayed during the review period, but the judge may still rule on motions, demurrers, or pleas that can be resolved as a matter of law, must rule on any venue-transfer motion before the panel is designated, and may set the trial date once the panel is designated.
Can a party change its mind and withdraw the panel request?
Only after the panel members have been selected, and even then only with the consent of all parties or leave of the judge presiding over the panel.
If there are multiple health care provider defendants, does each one get a separate panel?
No. A single panel is designated, and all health care providers against whom a claim is asserted fall under that one panel’s jurisdiction.
Amendment History
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.
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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