The medical review panel shall consist of (i) two impartial attorneys and two impartial health care providers, licensed and actively practicing their professions in the Commonwealth and (ii) the judge of a circuit court in which the action was filed, who shall preside over the panel. The judge shall have no vote and need not attend or participate in the deliberations. The medical review panel shall be selected by the Supreme Court from a list of health care providers submitted by the Board of Medicine and a list of attorneys submitted by the Virginia State Bar. In the selection of the health care provider members, the Court shall give due regard to the nature of the claim and the nature of the practice of the health care provider.
§ 8.01-581.3.Composition, selection, etc., of panel.
Chapter 21.1. Medical Malpractice · Article 1. Medical Malpractice Review Panels; Arbitration of Malpractice Claims · Last amended 1994 · Last verified July 16, 2026
In one sentenceA medical malpractice review panel consists of two impartial attorneys and two impartial health care providers drawn from lists supplied by the Virginia State Bar and the Board of Medicine, presided over by a non-voting circuit court judge who need not even join the deliberations.
Full Text of § 8.01-581.3
Plain-English Summary
This section builds the panel itself. Four voting members sit on it — two impartial attorneys and two impartial health care providers, each licensed and actively practicing in Virginia — plus the circuit court judge in whose court the case was filed, who presides but casts no vote and isn’t even required to attend or take part in deliberations.
The Supreme Court of Virginia does the actual picking, choosing attorneys from a list submitted by the Virginia State Bar and health care providers from a list submitted by the Board of Medicine. That selection isn’t random: the Court is directed to give due regard to the nature of the claim and the nature of the health care provider’s practice, so a panel reviewing an orthopedic surgery case, for instance, is more likely to include a provider whose practice fits that specialty.
The result is a hybrid body — part lay judgment from attorneys, part professional judgment from practitioners in the field, with a judge on hand to keep the legal process on track but without a thumb on the substantive scale.
Frequently Asked Questions
How many voting members sit on a medical review panel?
Four — two impartial attorneys and two impartial health care providers.
Does the presiding judge vote on the panel’s opinion?
No. The judge presides but has no vote and need not attend or participate in the panel’s deliberations.
Where do the panel members come from?
A list of health care providers submitted by the Board of Medicine and a list of attorneys submitted by the Virginia State Bar.
Must panel members practice in Virginia?
Yes, both the attorney members and the health care provider members must be licensed and actively practicing their professions in the Commonwealth.
What guides the Supreme Court’s choice of the health care provider panelists?
The Court gives due regard to the nature of the claim and the nature of the practice of the health care provider being selected.
Amendment History
Code 1950, § 8-913; 1976, c. 611; 1977, cc. 202, 617; 1983, c. 208; 1984, c. 777; 1986, c. 227; 1993, c. 928; 1994, c. 384.
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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