8.01-20.1 - Certification of expert witness opinion at time of service of process.
§ 8.01-20.1. Certification of expert witness opinion at time of service ofprocess.
Every motion for judgment, counter claim, or third party claim in a medicalmalpractice action, at the time the plaintiff requests service of processupon a defendant, or requests a defendant to accept service of process, shallbe deemed a certification that the plaintiff has obtained from an expertwitness whom the plaintiff reasonably believes would qualify as an expertwitness pursuant to subsection A of § 8.01-581.20 a written opinion signed bythe expert witness that, based upon a reasonable understanding of the facts,the defendant for whom service of process has been requested deviated fromthe applicable standard of care and the deviation was a proximate cause ofthe injuries claimed. This certification is not necessary if the plaintiff,in good faith, alleges a medical malpractice action that asserts a theory ofliability where expert testimony is unnecessary because the alleged act ofnegligence clearly lies within the range of the jury's common knowledge andexperience.
The certifying expert shall not be required to be an expert witness expectedto testify at trial nor shall any defendant be entitled to discover theidentity or qualifications of the certifying expert or the nature of thecertifying expert's opinions. Should the certifying expert be identified asan expert expected to testify at trial, the opinions and bases therefor shallbe discoverable pursuant to Rule 4:1 of the Rules of Supreme Court ofVirginia with the exception of the expert's status as a certifying expert.
Upon written request of any defendant, the plaintiff shall, within 10business days after receipt of such request, provide the defendant with acertification form that affirms that the plaintiff had obtained the necessarycertifying expert opinion at the time service was requested or affirms thatthe plaintiff did not need to obtain a certifying expert witness opinion. Ifthe plaintiff did not obtain a necessary certifying expert opinion at thetime the plaintiff requested service of process on a defendant as requiredunder this section, the court shall impose sanctions according to theprovisions of § 8.01-271.1 and may dismiss the case with prejudice.
(2005, cc. 649, 692; 2007, c. 489.)