In the conduct of its proceedings:
§ 8.01-581.6.Conduct of proceedings.
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 sentenceThis section sets the panel’s hearing procedures — sworn testimony, the right to be heard and cross-examine, relaxed rules of evidence, subpoena power enforceable through the courts, majority decision-making, and the panelists’ freedom to apply their own professional expertise regardless of whether expert testimony is offered.
Full Text of § 8.01-581.6
1. The testimony of the witnesses shall be given under oath. Members of the medical review panel, once sworn, shall have the power to administer oaths.
2. In the event a hearing is held, the parties are entitled to be heard, to present relevant evidence, and to cross- examine witnesses to the extent necessary to enable the panel to render an opinion as specified in § 8.01-581.7. The rules of evidence need not be observed. The medical review panel may proceed with the hearing and shall render an opinion upon the evidence produced, notwithstanding the failure of a party duly notified to appear.
3. The medical review panel may issue or cause to be issued, on its own motion or on application of any party, subpoenas for the attendance of witnesses and for the production of books, records, documents, and other evidence. Subpoenas so issued shall be served and, upon application by a party or the panel to a court of proper venue having jurisdiction over a motion for judgment based on such claim, enforced in the manner provided for the service and enforcement of subpoenas in a civil action. All provisions of law compelling a person under subpoena to testify are applicable.
4. [Repealed.]
5. The hearing shall be conducted by all members of the medical review panel unless the parties otherwise agree. A majority of the members present may determine any question and may render an opinion.
6. The medical review panel members may apply their expertise in evaluating the evidence giving due regard to the nature of the claim and the nature of the practice of the health care provider, whether expert medical opinions are presented by the parties or not.
Plain-English Summary
When a review panel hearing goes forward, this section lays out the ground rules. Witnesses testify under oath, and panel members — once sworn themselves — can administer that oath to others. If a hearing is held, the parties get to be heard, present relevant evidence, and cross-examine witnesses to the extent necessary for the panel to reach an opinion, but the formal rules of evidence don’t apply. If a properly notified party doesn’t show up, the panel can proceed anyway and render an opinion on the evidence that was presented.
The panel also has real teeth: it can issue subpoenas, on its own motion or a party’s application, for witnesses and for the production of books, records, and other evidence, and those subpoenas are enforceable through a court of proper venue the same way civil action subpoenas are. (An older fourth provision in this list has since been repealed.)
Procedurally, the full panel is expected to conduct the hearing unless the parties agree otherwise, and a majority of the members present can decide any question and render an opinion. Notably, panelists aren’t limited to what expert witnesses tell them — they may apply their own professional expertise in weighing the evidence, giving due regard to the nature of the claim and the provider’s practice, whether or not any expert medical opinions were offered.
Frequently Asked Questions
Must the formal rules of evidence be followed at a panel hearing?
No, the rules of evidence need not be observed.
What happens if a party who was properly notified doesn’t show up for the hearing?
The panel may proceed with the hearing anyway and render an opinion based on the evidence that was produced.
Can the panel compel witnesses to testify or produce documents?
Yes. It may issue subpoenas on its own motion or upon a party’s application, and those subpoenas are enforceable through a court of proper venue in the same manner as subpoenas in a civil action.
Does every hearing require the full panel to be present?
Generally yes, unless the parties agree otherwise; a majority of the members present may determine any question and render an opinion.
Can panel members rely on their own professional knowledge instead of expert testimony?
Yes. They may apply their expertise in evaluating the evidence, giving due regard to the nature of the claim and the provider’s practice, whether or not expert medical opinions are presented by the parties.
Amendment History
Code 1950, § 8-916; 1976, c. 611; 1977, c. 617; 1979, c. 261; 1984, c. 777; 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
Also known as: virginia medical review panel hearing proceduremedical malpractice panel subpoena power virginiareview panel rules of evidence virginia