Unless the parties otherwise agree, any opinion of the panel shall be rendered no later than six months from the designation of the panel unless the judge shall extend the period one time, not to exceed ninety days, upon a showing of extraordinary circumstances. If the opinion of the panel is not rendered within the time provided, any panel opinion rendered subsequently shall be inadmissible as evidence unless the failure of the panel to render a decision within the time provided was caused by delay on the plaintiff's part.
§ 8.01-581.7:1.Limitation on panel opinion.
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 panel must issue its opinion within six months of being designated, subject to one judge-approved extension of up to ninety days for extraordinary circumstances, and a late opinion becomes inadmissible unless the delay was the plaintiff’s fault.
Full Text of § 8.01-581.7:1
Plain-English Summary
This section puts a hard outer limit on how long the review panel process can drag on. Unless the parties agree to something different, the panel’s opinion has to come within six months of the panel’s designation. The judge can grant one extension beyond that — but only once, and only up to ninety days, and only on a showing of extraordinary circumstances.
The deadline has real teeth. If the panel doesn’t render its opinion in time, any opinion it later produces is inadmissible as evidence — with one exception: if the panel’s tardiness was caused by delay on the plaintiff’s part, a late opinion stays admissible anyway. That combination keeps the panel process from becoming a source of indefinite delay while still accounting for delay a plaintiff brings on themselves.
Frequently Asked Questions
How much time does the panel have to render its opinion from designation?
Six months, unless the parties agree otherwise.
Can that six-month deadline be extended?
Yes, the judge may extend it one time, not to exceed ninety days, upon a showing of extraordinary circumstances.
What happens if the panel misses the deadline?
Any panel opinion rendered after the deadline is inadmissible as evidence.
Is there an exception to that inadmissibility rule?
Yes. If the panel’s failure to decide within the time provided was caused by delay on the plaintiff’s part, the late opinion remains admissible.
Can the parties agree to waive this time limit?
Yes, the limitation applies “unless the parties otherwise agree.”
Amendment History
1981, c. 327; 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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