§ 8.01-401.2.Chiropractor, physician assistant, advanced practice registered nurse, or optometrist as expert witness.
Chapter 14. Evidence · Article 4. Witnesses Generally · Last amended 2024 · Last verified July 16, 2026
Full Text of § 8.01-401.2
Plain-English Summary
Expert testimony in a personal injury or malpractice case usually calls to mind a medical doctor, but Virginia recognizes that other licensed healing professions have expertise worth putting before a jury. Section 8.01-401.2 gives chiropractors, physician assistants, advanced practice registered nurses, and optometrists a defined lane to testify as experts — covering etiology, diagnosis, prognosis, treatment, treatment plans, and disability, including the anatomical, physiological, and pathological issues that come with those topics — as long as the testimony stays within the scope of practice their license authorizes.
The section draws a firm boundary around physician assistants and advanced practice registered nurses specifically. Even though they can testify generally within their scope, neither one may serve as an expert witness for or against a defendant doctor of medicine or osteopathic medicine on the medical standard of care in a malpractice action, and neither may testify on causation for or against any defendant healthcare provider in a malpractice case. Those two issues — standard of care for physicians and causation in malpractice suits — stay reserved for other qualified experts.
Chiropractors and optometrists face no equivalent carve-out in this section; their expert testimony authority tracks the full scope of their licensed practice under the chiropractic and optometry statutes referenced here.
Frequently Asked Questions
Can a chiropractor testify as an expert witness in a Virginia civil case?
Yes, a properly qualified doctor of chiropractic may testify as an expert on etiology, diagnosis, prognosis, treatment, treatment plan, and disability within the scope of chiropractic practice.
Can a physician assistant testify against a doctor on the standard of care in a malpractice case?
No, a physician assistant may not testify as an expert witness for or against a defendant doctor of medicine or osteopathic medicine regarding the standard of care in a medical malpractice action.
Can an advanced practice registered nurse testify about causation in a malpractice case?
No, an advanced practice registered nurse may not testify as an expert witness for or against a defendant health care provider regarding causation in a medical malpractice action.
Can an optometrist give expert testimony on diagnosis and treatment?
Yes, a properly qualified optometrist may testify as an expert on etiology, diagnosis, prognosis, treatment, treatment plan, and disability within the scope of the practice of optometry.
Are there limits on what a chiropractor or optometrist can testify about?
Yes, their expert testimony must stay within the scope of the practice of chiropractic or optometry, respectively, as defined by the referenced sections of Title 54.1.
Amendment History
1984, c. 569; 2014, cc. 361, 391; 2015, cc. 295, 306; 2017, c. 413; 2023, c. 183; 2024, cc. 718, 764.