§ 8.01-581.4.Submission of evidence to panel; depositions and discovery; duties of chairman; access to material.

Chapter 21.1. Medical Malpractice · Article 1. Medical Malpractice Review Panels; Arbitration of Malpractice Claims · Last amended 1993 · Last verified July 16, 2026

In one sentenceThis section governs how evidence reaches the review panel — written submissions to each panelist, an optional hearing on request, permissible evidence types including depositions and treatise excerpts, judicial control over relevance disputes and additional discovery, and the presiding judge’s role in advising the panel and drafting its opinion.

Full Text of § 8.01-581.4

Text size

The evidence to be considered by the medical review panel shall be promptly submitted by the respective parties, upon appointment of the panel, to each member of the panel in written form. Either party, upon request, shall be granted a hearing before the panel. The evidence may consist of medical charts, X-rays, laboratory tests, excerpts of treatises, and depositions of witnesses, including parties, and, when a hearing is held, oral testimony before the panel. The parties shall submit to the panel members only those portions of deposition transcripts, medical records, treatises and other documents which are relevant to the claim. However, upon request of the judge, a party shall produce all or part of any such document submitted. At the discretion of the judge, additional depositions of parties and witnesses may be taken, or other additional discovery may be had, at any time prior to hearing by any party. The judge shall rule on the admissibility of all or any part of a deposition offered as evidence at the hearing. Either party may have discovery pursuant to procedures set out in Part Four of the Rules of the Supreme Court of Virginia prior to appointment of the panel or thereafter in the discretion of the judge.

Process shall be returnable to the office of the clerk where the action was filed and shall issue under the style of the case as filed. Process for discovery shall issue upon application to the clerk. Any such discovery and any depositions taken for purposes of discovery or otherwise, under this section, may be used in the action filed for any purpose otherwise proper under Part Four of the Rules of Court. The judge of the panel shall advise the panel relative to any legal question involved in the review proceeding and shall prepare the opinion of the panel as provided in § 8.01-581.7. All parties shall have full access to any material submitted to the panel.

End

Plain-English Summary

Once the panel is appointed, the parties submit their evidence in written form to each member. A hearing isn’t automatic, but either side can request one. The universe of admissible material is broad — medical charts, X-rays, lab tests, treatise excerpts, depositions of witnesses and parties, and, if a hearing is held, live oral testimony.

Parties don’t have to hand over entire files: they submit only the portions of deposition transcripts, medical records, treatises, and other documents that are relevant to the claim. But that limit isn’t absolute — if the judge asks, a party must produce all or part of any document it submitted. The judge also controls whether additional depositions or discovery happen before the hearing and rules on whether disputed deposition excerpts come in as evidence.

The presiding judge does double duty here: advising the panel on any legal questions that come up during review, and later preparing the panel’s written opinion under § 8.01-581.7. Discovery conducted for the panel isn’t wasted effort, either — it can be used later in the actual court case for any purpose otherwise proper under the Rules of Court, and all parties get full access to whatever material was submitted to the panel.

Frequently Asked Questions

Is a hearing before the review panel automatic?

No. Either party must request a hearing, and the panel grants one upon request.

What kinds of evidence can go to the panel?

Medical charts, X-rays, laboratory tests, excerpts of treatises, depositions of witnesses including parties, and, when a hearing is held, oral testimony before the panel.

Do parties have to submit entire deposition transcripts and full medical records?

No, only the portions relevant to the claim — though the judge can require a party to produce all or part of any document it submitted, upon request.

Who decides whether a deposition excerpt is admissible at the panel hearing?

The judge presiding over the panel rules on the admissibility of all or any part of a deposition offered as evidence.

Can discovery taken for the panel be used later in the actual lawsuit?

Yes. Discovery and depositions taken under this section may be used in the filed action for any purpose otherwise proper under Part Four of the Rules of Court.

Amendment History

Code 1950, § 8-914; 1976, c. 611; 1977, c. 617; 1979, c. 261; 1984, c. 777; 1986, c. 227; 1993, c. 928.

Source & verification. Section text and amendment history are reproduced verbatim from the Code of Virginia, published by the Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026. · Official source

Also known as: virginia medical review panel evidence rulesmedical malpractice panel discovery virginiareview panel hearing evidence virginia