2006 Code of Virginia § 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, shall bedeemed a certification that the plaintiff has obtained from an expert witnesswhom the plaintiff reasonably believes would qualify as an expert witnesspursuant to subsection A of 8.01-581.20 a written opinion signed by theexpert witness that, based upon a reasonable understanding of the facts, thedefendant for whom service of process has been requested deviated from theapplicable standard of care and the deviation was a proximate cause of theinjuries claimed. This certification is not necessary if the plaintiff, ingood faith, alleges in his wrongful death action a medical malpractice theoryof liability 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 identityof the certifying expert or the nature of the certifying expert's opinions.Should the certifying expert be identified as an expert expected to testifyat trial, the opinions and bases therefor shall be discoverable pursuant toRule 4:1 of the Rules of Supreme Court of Virginia with the exception of theexpert'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.)