8.01-50.1 - Certification of expert witness opinion at time of service of process.
§ 8.01-50.1. Certification of expert witness opinion at time of service ofprocess.
Every motion for judgment, counter claim, or third party claim in any actionpursuant to § 8.01-50 for wrongful death against a health care provider, atthe time the plaintiff requests service of process upon a defendant, orrequests a defendant to accept service of process, shall be deemed acertification that the plaintiff has obtained from an expert witness whom theplaintiff reasonably believes would qualify as an expert witness pursuant tosubsection A of § 8.01-581.20 a written opinion signed by the expert witnessthat, based upon a reasonable understanding of the facts, the defendant forwhom service of process has been requested deviated from the applicablestandard of care and the deviation was a proximate cause of the injuriesclaimed. This certification is not necessary if the plaintiff, in good faith,alleges in his wrongful death action a medical malpractice 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 expected totestify at trial nor shall any defendant be entitled to discover the identityor qualifications of the certifying expert or the nature of the certifyingexpert's opinions. Should the certifying expert be identified as an expertexpected to testify at trial, the opinions and bases therefor shall bediscoverable pursuant to Rule 4:1 of the Rules of Supreme Court of Virginiawith 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 which affirms that the plaintiff had obtained thenecessary certifying expert opinion at the time service was requested oraffirms that the plaintiff did not need to obtain a certifying expertopinion. If the plaintiff did not obtain a necessary certifying expertopinion at the time the plaintiff requested service of process on adefendant, the court shall impose sanctions according to the provisions of §8.01-271.1 and may dismiss the case with prejudice.
(2005, cc. 649, 692; 2007, c. 489.)