A podiatrist shall not be permitted to testify as an expert witness against a doctor of medicine or osteopathic medicine in connection with a medical malpractice civil court proceeding or a medical malpractice review panel in any case where the doctor or osteopath is a defendant in such proceeding.
§ 8.01-401.2:1.Podiatrist as an expert witness.
Chapter 14. Evidence · Article 4. Witnesses Generally · Last amended 2010 · Last verified July 16, 2026
In one sentenceThis narrow section prohibits a podiatrist from testifying as an expert witness against a doctor of medicine or osteopathic medicine in a medical malpractice civil proceeding, or before a medical malpractice review panel, whenever that doctor or osteopath is the defendant in the proceeding.
Full Text of § 8.01-401.2:1
Plain-English Summary
Where the previous section opens doors for several allied health professions to testify as experts, § 8.01-401.2:1 closes a specific one. A podiatrist cannot serve as an expert witness against a doctor of medicine or osteopathic medicine in a medical malpractice case — whether that case is playing out in a civil court proceeding or before a medical malpractice review panel — whenever the physician or osteopath is the defendant.
The restriction is one-directional and narrow. It applies specifically to podiatrists testifying against physicians and osteopaths as defendants in malpractice matters; it says nothing about a podiatrist testifying about podiatric care, testifying in support of a physician defendant, or testifying as a fact witness rather than an expert.
The rule tracks a broader pattern in Virginia’s expert-witness statutes: lawmakers have drawn lines around which licensed professions can offer expert opinions against physicians on medical standard-of-care questions, reserving those judgments for professionals with directly comparable training.
Frequently Asked Questions
Can a podiatrist testify as an expert against a physician defendant in a malpractice case?
No, a podiatrist is not permitted to testify as an expert witness against a doctor of medicine or osteopathic medicine in a medical malpractice civil court proceeding or review panel where that doctor or osteopath is a defendant.
Does this restriction apply to review panels as well as courts?
Yes, the prohibition applies both to a medical malpractice civil court proceeding and to a medical malpractice review panel.
Can a podiatrist testify in support of a defendant physician?
The statute’s text bars podiatrist testimony only “against” a doctor of medicine or osteopathic medicine defendant, so it does not by its terms restrict testimony offered in support of that defendant.
Does this section restrict podiatrists from testifying about podiatric malpractice?
No, the restriction is limited to testifying against a doctor of medicine or osteopathic medicine who is a defendant in the proceeding.
Why does Virginia limit which professionals can testify against physicians in malpractice cases?
This section reflects a legislative judgment that expert testimony against a physician or osteopath defendant on malpractice issues should come from someone with training comparable to that defendant’s, rather than from a podiatrist.
Amendment History
2010, cc. 715, 725.
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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