The plaintiff or defendant may request the medical review panel to hold a hearing on any claim referred to the medical review panel, in which case the medical review panel shall conduct a hearing thereon in accordance with § 8.01-581.6 after notice to the parties by means adequate to ensure their presence at the time and place of the hearing.
§ 8.01-581.5.When hearing to be held; notice to parties.
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 sentenceEither party may ask the review panel to hold an actual hearing on the claim, which the panel must then conduct under the procedures of § 8.01-581.6, after giving notice reasonably calculated to secure the parties’ presence.
Full Text of § 8.01-581.5
Plain-English Summary
A hearing before the review panel isn’t automatic — it happens only if the plaintiff or the defendant asks for one on a claim that’s been referred to the panel. Once requested, the panel must hold it, following the procedures spelled out in § 8.01-581.6.
Before that hearing can go forward, the parties are entitled to notice “by means adequate to ensure their presence at the time and place of the hearing.” That standard isn’t satisfied by a bare formality — it requires notice reasonably calculated to get the parties there.
Frequently Asked Questions
Is a hearing before the review panel required in every case?
No, only if the plaintiff or the defendant requests one.
Who can request a hearing?
Either the plaintiff or the defendant.
What governs how the hearing is conducted once requested?
Section 8.01-581.6, which sets out the panel’s hearing procedures.
What kind of notice must the parties receive of the hearing?
Notice by means adequate to ensure their presence at the time and place of the hearing.
Does the panel decide on its own initiative whether to hold a hearing?
No, it holds one when a party requests it on a claim referred to the panel.
Amendment History
Code 1950, § 8-915; 1976, c. 611; 1977, c. 617; 1979, c. 261; 1984, c. 777; 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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