2006 Code of Virginia § 8.01-581.6 - Conduct of proceedings

8.01-581.6. Conduct of proceedings.

In the conduct of its proceedings:

1. The testimony of the witnesses shall be given under oath. Members of themedical review panel, once sworn, shall have the power to administer oaths.

2. In the event a hearing is held, the parties are entitled to be heard, topresent relevant evidence, and to cross-examine witnesses to the extentnecessary to enable the panel to render an opinion as specified in 8.01-581.7. The rules of evidence need not be observed. The medical reviewpanel may proceed with the hearing and shall render an opinion upon theevidence produced, notwithstanding the failure of a party duly notified toappear.

3. The medical review panel may issue or cause to be issued, on its ownmotion or on application of any party, subpoenas for the attendance ofwitnesses and for the production of books, records, documents, and otherevidence. Subpoenas so issued shall be served and, upon application by aparty or the panel to a court of proper venue having jurisdiction over amotion for judgment based on such claim, enforced in the manner provided forthe service and enforcement of subpoenas in a civil action. All provisions oflaw compelling a person under subpoena to testify are applicable.

4. [Repealed.]

5. The hearing shall be conducted by all members of the medical review panelunless the parties otherwise agree. A majority of the members present maydetermine any question and may render an opinion.

6. The medical review panel members may apply their expertise in evaluatingthe evidence giving due regard to the nature of the claim and the nature ofthe practice of the health care provider, whether expert medical opinions arepresented by the parties or not.

(Code 1950, 8-916; 1976, c. 611; 1977, c. 617; 1979, c. 261; 1984, c. 777;1986, c. 227.)