8.01-581.12 - Arbitration of medical malpractice claims.
§ 8.01-581.12. Arbitration of medical malpractice claims.
A. Persons desiring to enter into an agreement to arbitrate medicalmalpractice claims which have then arisen or may thereafter arise may submitsuch matters to arbitration under the provisions of Chapter 21 (§ 8.01-577 etseq.) of this title and an agreement to submit such matters shall be bindingupon the parties if the patient or claimant or his guardian, conservator,committee or personal representative is allowed by the terms of the agreementto withdraw therefrom, and to decline to submit any matter then or thereafterin controversy, within a period of at least sixty days after the terminationof health care or, if the patient is under disability by reason of age and atthe time of termination without a guardian who could take such action forhim, or if he is incapacitated and without a guardian or conservator whocould take such action for him, or if such termination is by death or ifdeath occurs within sixty days after termination, then within a period of atleast sixty days after the appointment and qualification of the guardian,conservator or committee or personal representative.
B. Proof of agreement to arbitrate and submission of a medical malpracticeclaim pursuant thereto shall be in accordance with Chapter 21 of this title,and a medical malpractice panel appointed under this article may bedesignated to arbitrate the matter, either by the arbitration agreement or bythe parties to the agreement.
C. An insurer of a health care provider shall be bound by the award of anarbitration panel or arbitrators acting pursuant to a good faith submissionhereunder to the extent to which it would have been obligated by a judgmententered in an action at law with respect to the matter submitted; provided,that such insurer has agreed prior to the submission to be bound by the awardof such arbitration panel or arbitrators.
(Code 1950, § 8-922; 1976, c. 611; 1977, c. 617; 1997, c. 801.)