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 sentenceWithin thirty days of receiving all the evidence, the panel must jointly render one or more of four specified findings — on breach of the standard of care, proximate cause, or the existence of a fact issue for the jury — in a written, signed opinion filed with the clerk and mailed to the parties within five days.
A.Within thirty days, after receiving all the evidence, the panel shall have the duty, after joint deliberation, to render one or more of the following opinions:
1.The evidence does not support a conclusion that the health care provider failed to comply with the appropriate standard of care;
2.The evidence supports a conclusion that the health care provider failed to comply with the appropriate standard of care and that such failure is a proximate cause in the alleged damages;
3.The evidence supports a conclusion that the health care provider failed to comply with the appropriate standard of care and that such failure is not a proximate cause in the alleged damages; or
4.The evidence indicates that there is a material issue of fact, not requiring an expert opinion, bearing on liability for consideration by a court or jury.
B.If the review panel's finding is that set forth in subdivision 2 of subsection A of this section, the panel may determine whether the plaintiff suffered any disability or impairment and the degree and extent thereof.
C.The opinion shall be in writing and shall be signed by all panelists who agree therewith. Any member of the panel may note his dissent. All such opinions shall be filed with the clerk of the court in which the action is pending and mailed to the plaintiff and the defendant within five days of the date of their rendering. However, this subsection shall not be construed to preclude the panel from announcing the opinion in the presence of the parties or their counsel, provided a signed written opinion is subsequently mailed as provided in this subsection.
Plain-English Summary
Once all the evidence is in, the panel has thirty days to reach a decision, and it must do so through joint deliberation. The statute gives the panel four possible findings to choose from, and it can render more than one: that the evidence doesn’t support a standard-of-care violation; that it does, and the violation proximately caused the alleged damages; that it does, but the violation wasn’t a proximate cause of those damages; or that there’s a material fact issue, not requiring expert opinion, for a court or jury to sort out.
If the panel lands on the second finding — a standard-of-care breach that proximately caused damages — it can go a step further and determine whether the plaintiff suffered any disability or impairment, and how severe and extensive it was.
Formally, the opinion has to be in writing and signed by the panelists who agree with it; anyone who disagrees can note a dissent instead of signing on. The finished opinion gets filed with the clerk and mailed to both the plaintiff and the defendant within five days of being rendered. The panel can announce its opinion to the parties or their counsel in person before that mailing goes out, but the written, signed version still has to follow.
Frequently Asked Questions
How long does the panel have to render its opinion after receiving all the evidence?
Thirty days.
What are the possible findings the panel can reach?
That the evidence doesn’t support a standard-of-care violation; that it does and the violation proximately caused the alleged damages; that it does but didn’t proximately cause the damages; or that there’s a material fact issue, not requiring expert opinion, for a court or jury to weigh.
Can the panel address how disabled or impaired the plaintiff is?
Yes — if the panel finds the provider failed to meet the standard of care and that failure proximately caused the damages, it may determine whether the plaintiff suffered any disability or impairment and its degree and extent.
Must every panel member agree with the opinion?
No. The opinion is signed by whichever panelists agree with it, and any member may note a dissent instead.
How quickly must the written opinion reach the parties?
It must be filed with the clerk of the court and mailed to the plaintiff and the defendant within five days of being rendered.
Amendment History
Code 1950, § 8-917; 1976, c. 611; 1977, c. 617; 1986, c. 227; 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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