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Medical malpractice; certification of expert witness; written opinion. Provides that at the time of service of process of every complaint, counter claim, third party claim, or warrant in debt in a medical malpractice action or every complaint, counter claim, or third party claim in an action for wrongful death against a health care provider, the plaintiff shall be deemed to have obtained a written opinion signed by an expert witness stating that the defendant in the action deviated from the applicable standard of care and the deviation was a proximate cause of the injuries claimed. The bill provides that a plaintiff may have separate certifications for standard of care and causation. The bill also requires a plaintiff to certify to the defendant upon whom service of process has been requested to certify within 21 days of the defendant's answer being filed that such plaintiff obtained the necessary expert opinion at the time service was requested or affirming that such plaintiff did not need to obtain a certifying expert witness opinion in accordance with relevant law.
Introduced
Jan 4, 2025
Last Action
Mar 21, 2025
Session
VA 2025
Sponsors
1 primary · 1 co
Acts of Assembly Chapter text (CHAP0359)
Approved by Governor-Chapter 359 (Effective 07/01/25)
Governor's Action Deadline 11:59 p.m., March 24, 2025
Enrolled Bill Communicated to Governor on March 11, 2025
Signed by President
Bill text as passed Senate and House (SB892ER)
Signed by Speaker
Enrolled
Moved from Uncontested Calendar to Regular Calendar
Passed House (91-Y 4-N)
Read third time
Read second time
Reported from Courts of Justice (21-Y 0-N)
Subcommittee recommends reporting (8-Y 0-N)
Assigned Courts sub: Civil
Referred to Committee for Courts of Justice
Read first time
Placed on Calendar
Read third time and passed Senate (40-Y 0-N)
Reading of substitute waived
Engrossed by Senate - committee substitute
Courts of Justice Substitute agreed to
Read second time
Constitutional reading dispensed (on 1st reading) (40-Y 0-N)
Passed by for the day
Rules suspended
Committee substitute printed 25105058D-S1
Reported from Courts of Justice with substitute (15-Y 0-N)
Referred to Committee for Courts of Justice
Prefiled and ordered printed; Offered 01-08-2025 25102120D
Get a plain-English explanation of what this bill does, who it affects, and why it matters.
Acts of Assembly Chapter text (CHAP0359)
R. Creigh Deeds