Bill > SB892

This bill modifies the requirements for expert witness certification in medical malpractice and wrongful death lawsuits in Virginia. The legislation requires plaintiffs to obtain a written opinion from an expert witness at the time of requesting service of process, stating that the defendant deviated from the standard of care and that this deviation caused the plaintiff's injuries. Plaintiffs now have the option to provide separate certifications for standard of care and causation, and each defendant must be identified in the certification. The bill allows plaintiffs to bypass this expert certification requirement if the alleged negligence is so clear that it falls within the jury's common knowledge. Importantly, the identity of the certifying expert cannot be discovered by defendants, and the expert is not required to testify at trial. Within 21 days of a defendant's answer being filed, the plaintiff must certify compliance with the law by submitting a specific statement. If a plaintiff fails to obtain the necessary expert opinion, the court may impose sanctions, including potentially dismissing the case with prejudice. These changes apply to medical malpractice actions, wrongful death claims against healthcare providers, and certain debt-related legal proceedings involving medical malpractice.

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https://lis.virginia.gov/bill-details/20251/SB892