8.01-581.7 - Opinion of panel. - Virginia Statutes

§ 8.01-581.7. Opinion of panel.

A. Within thirty days, after receiving all the evidence, the panel shall havethe duty, after joint deliberation, to render one or more of the followingopinions:

1. The evidence does not support a conclusion that the health care providerfailed to comply with the appropriate standard of care;

2. The evidence supports a conclusion that the health care provider failed tocomply with the appropriate standard of care and that such failure is aproximate cause in the alleged damages;

3. The evidence supports a conclusion that the health care provider failed tocomply with the appropriate standard of care and that such failure is not aproximate cause in the alleged damages; or

4. The evidence indicates that there is a material issue of fact, notrequiring an expert opinion, bearing on liability for consideration by acourt or jury.

B. If the review panel's finding is that set forth in subdivision 2 ofsubsection A of this section, the panel may determine whether the plaintiffsuffered any disability or impairment and the degree and extent thereof.

C. The opinion shall be in writing and shall be signed by all panelists whoagree therewith. Any member of the panel may note his dissent. All suchopinions shall be filed with the clerk of the court in which the action ispending and mailed to the plaintiff and the defendant within five days of thedate of their rendering. However, this subsection shall not be construed topreclude the panel from announcing the opinion in the presence of the partiesor their counsel, provided a signed written opinion is subsequently mailed asprovided in this subsection.

(Code 1950, § 8-917; 1976, c. 611; 1977, c. 617; 1986, c. 227; 1993, c. 928.)