2006 Code of Virginia § 8.01-581.20 - Standard of care in proceeding before medical malpractice review panel; expert testimony; determina...

8.01-581.20. Standard of care in proceeding before medical malpracticereview panel; expert testimony; determination of standard in action fordamages.

A. In any proceeding before a medical malpractice review panel or in anyaction against a physician, clinical psychologist, podiatrist, dentist,nurse, hospital or other health care provider to recover damages alleged tohave been caused by medical malpractice where the acts or omissions socomplained of are alleged to have occurred in this Commonwealth, the standardof care by which the acts or omissions are to be judged shall be that degreeof skill and diligence practiced by a reasonably prudent practitioner in thefield of practice or specialty in this Commonwealth and the testimony of anexpert witness, otherwise qualified, as to such standard of care, shall beadmitted; provided, however, that the standard of care in the locality or insimilar localities in which the alleged act or omission occurred shall beapplied if any party shall prove by a preponderance of the evidence that thehealth care services and health care facilities available in the locality andthe customary practices in such locality or similar localities give rise to astandard of care which is more appropriate than a statewide standard. Anyphysician who is licensed to practice in Virginia shall be presumed to knowthe statewide standard of care in the specialty or field of medicine in whichhe is qualified and certified. This presumption shall also apply to anyphysician who is licensed in some other state of the United States and meetsthe educational and examination requirements for licensure in Virginia. Anexpert witness who is familiar with the statewide standard of care shall nothave his testimony excluded on the ground that he does not practice in thisCommonwealth. A witness shall be qualified to testify as an expert on thestandard of care if he demonstrates expert knowledge of the standards of thedefendant's specialty and of what conduct conforms or fails to conform tothose standards and if he has had active clinical practice in either thedefendant's specialty or a related field of medicine within one year of thedate of the alleged act or omission forming the basis of the action.

B. In any action for damages resulting from medical malpractice, any issue asto the standard of care to be applied shall be determined by the jury, or thecourt trying the case without a jury.

C. In any action described in this section, each party may designate,identify or call to testify at trial no more than two expert witnesses permedical discipline on any issue presented. The court may permit a party, forgood cause shown, to designate, identify, or call to testify at trialadditional expert witnesses. The number of treating health care providers whomay serve as expert witnesses pursuant to 8.01-399 shall not be limitedpursuant to this subsection, except for good cause shown. If the courtpermits a party to designate, identify, or call additional experts, the courtmay order that party to pay all costs incurred in the discovery of suchadditional experts. For good cause shown, pursuant to the Rules of SupremeCourt of Virginia, the court may limit the number of expert witnesses otherthan those identified in this subsection whom a party may designate,identify, or call to testify at trial.

(1979, c. 325; 1980, c. 164; 1989, cc. 146, 729; 1992, c. 240; 2003, c. 251.)