An opinion of the medical review panel shall be admissible as evidence in the action brought by the plaintiff, but shall not be conclusive. Either party shall have the right to call, at his cost, any member of the panel, except the judge, as a witness. If called, each witness shall be required to appear and testify. The panelist shall have absolute immunity from civil liability for all communications, findings, opinions and conclusions made in the course and scope of duties prescribed by this chapter.
§ 8.01-581.8.Admissibility of opinion as evidence; appearance of panel members as witnesses; immunity from civil liability.
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’s opinion can be introduced at trial but doesn’t bind the jury, either side may call a panelist other than the presiding judge as a witness at its own expense, and panelists enjoy absolute immunity from civil liability for anything said or concluded in the course of their panel duties.
Full Text of § 8.01-581.8
Plain-English Summary
An opinion from the medical review panel doesn’t settle the case — but it doesn’t disappear either. This section makes the panel’s opinion admissible as evidence in the plaintiff’s lawsuit, while making clear it isn’t conclusive: the jury or judge trying the case still has to weigh it against everything else.
Either party can call a panel member as a witness, at that party’s own cost, and if called, the member has to appear and testify — the one exception being the presiding judge, who can’t be summoned this way. To encourage candid participation, the section also gives panelists absolute immunity from civil liability for any communications, findings, opinions, or conclusions they make within the course and scope of their panel duties.
Frequently Asked Questions
Is the panel’s opinion binding on the jury or the judge?
No. It’s admissible as evidence but shall not be conclusive.
Can a party force a panel member to testify at trial?
Yes, except the judge. Either party has the right to call any other panel member as a witness, and if called, the member must appear and testify.
Who pays for calling a panel member as a witness?
The party calling that witness bears the cost.
Are panel members protected from being sued over their panel work?
Yes. They have absolute immunity from civil liability for all communications, findings, opinions, and conclusions made in the course and scope of their panel duties.
Can the presiding judge of the panel be called as a witness?
No, the judge is expressly excepted from the right to call panel members as witnesses.
Amendment History
Code 1950, § 8-918; 1976, c. 611; 1977, c. 617; 1978, c. 406; 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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