When someone suspects a doctor made a serious mistake during treatment, the path to justice in Virginia looks different from other legal claims. The state offers an optional step that can occur after filing a medical malpractice lawsuit, which can feel overwhelming when dealing with injuries or loss.
This review panel process exists to evaluate whether a claim has merit while giving both sides a chance to resolve disputes before heading to trial. Learning how this system operates helps patients and families know what to expect during an already difficult time.
What Is the Medical Malpractice Review Panel in Virginia?
Virginia’s Medical Malpractice Review Panel is an optional evaluation process for medical malpractice claims after a lawsuit has been filed. The panel consists of two healthcare professionals, two attorneys, and a circuit court judge who presides over the proceedings. This group reviews medical records, testimony, and other documentation before issuing an opinion. Their findings are not binding, which means either party can still proceed to trial regardless of the panel’s decision, although the opinion may be presented as evidence.
Who Serves on These Panels?
The Virginia Medical Malpractice Review Panel includes two licensed healthcare professionals who practice in the same specialty as the doctor being reviewed. These individuals are chosen from lists maintained by the State Board of Medicine. Two attorneys selected from the Virginia State Bar lists also participate, bringing a legal perspective to the review. A circuit court judge presides over the panel, providing judicial oversight, while the other four members evaluate the medical and legal aspects of the claim.
How Does Someone Request a Panel Review in Fairfax?
Either the plaintiff or defendant may request a panel review after a medical malpractice lawsuit has been filed. The request must be submitted to the Clerk of the Supreme Court of Virginia within 30 days from the filing of the responsive pleading. Both sides have opportunities to present evidence, although the process is less formal than a courtroom trial. Because the panel is optional, cases can proceed directly to trial without this intermediate step if neither party requests it.
What Happens During a Virginia Medical Malpractice Review Panel Hearing?
During the hearing, both parties present their cases through documents, medical records, and witness statements. The panel may ask questions to clarify medical procedures or treatment decisions. Unlike a trial, the proceedings are more streamlined while still allowing thorough examination of the issues. After reviewing all materials, the panel deliberates and prepares a written opinion about whether the healthcare provider met professional standards, which can guide settlement discussions or trial strategy.
How Long Does the Review Process Take?
The entire panel process typically takes several months from filing the request to receiving an opinion. Scheduling depends on panel member availability and the volume of cases in the queue. Although this adds time before a trial can proceed, the period allows both sides to evaluate the strength of their positions. Some cases settle during or after the panel review, avoiding the need for a full trial.
Can Someone Reject the Panel’s Decision?
Either party can disagree with the panel’s findings and proceed to trial. The opinion itself is admissible as evidence during trial, but it does not bind the judge or jury. If the panel finds in favor of the healthcare provider, a patient can still continue the lawsuit. Similarly, if the panel sides with the patient, the provider can defend the case at trial. This flexibility preserves everyone’s right to a full legal hearing.
Fairfax Medical Malpractice Lawyers at the Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates Offer the Legal Assistance You Need
If you need legal assistance with the Virginia Medical Review Panel process, contact the Fairfax medical malpractice lawyers at the Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates. Our legal team will fight to secure your rights. Call us at 202-223-4488 or complete the online form today for a free consultation. Located in Washington, D.C., we also serve clients in northern Virginia and in Maryland.
