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2015 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 8.01-581.20 of the Code of Virginia is amended and reenacted as follows:
§ 8.01-581.20. Standard of care in proceeding before medical malpractice review panel; expert testimony; determination of standard in action for damages.
A. In any proceeding before a medical malpractice review panel
or in any action against a physician, clinical psychologist, podiatrist, dentist,
nurse, hospital or other health care provider to recover damages alleged to
have been caused by medical malpractice where the acts or omissions so
complained of are alleged to have occurred in this Commonwealth, the standard
of care by which the acts or omissions are to be judged shall be that degree of
skill and diligence practiced by a reasonably prudent practitioner in the field
of practice or specialty in this Commonwealth and the testimony of an expert
witness, otherwise qualified, as to such standard of care, shall be admitted;
provided, however, that the standard of care in the locality or in similar
localities in which the alleged act or omission occurred shall be applied if
any party shall prove by a preponderance of the evidence that the health care
services and health care facilities available in the locality and the customary
practices in such locality or similar localities give rise to a standard of
care which is more appropriate than a statewide standard. Any physician or
nurse health care provider who is licensed to practice in Virginia
shall be presumed to know the statewide standard of care in the specialty or
field of medicine practice in which he is qualified and
certified. This presumption shall also apply to any physician person
who, but for the lack of a Virginia license, would be defined as a health
care provider under this chapter, provided that such person is licensed in
some other state of the United States and meets the educational and examination
requirements for licensure in Virginia. This presumption shall also apply to
any nurse licensed by a state participating in the Nurse Licensure Compact.
An expert witness who is familiar with the statewide standard of care shall not
have his testimony excluded on the ground that he does not practice in this
Commonwealth. A witness shall be qualified to testify as an expert on the
standard of care if he demonstrates expert knowledge of the standards of the
defendant's specialty and of what conduct conforms or fails to conform to those
standards and if he has had active clinical practice in either the defendant's
specialty or a related field of medicine within one year of the date of the
alleged act or omission forming the basis of the action.
The provisions of this section shall apply to expert witnesses testifying on the standard of care as it relates to professional services in nursing homes.
B. In any action for damages resulting from medical malpractice, any issue as to the standard of care to be applied shall be determined by the jury, or the court trying the case without a jury.
C. In any action described in this section, each party may designate, identify or call to testify at trial no more than two expert witnesses per medical discipline on any issue presented. The court may permit a party, for good cause shown, to designate, identify, or call to testify at trial additional expert witnesses. The number of treating health care providers who may serve as expert witnesses pursuant to § 8.01-399 shall not be limited pursuant to this subsection, except for good cause shown. If the court permits a party to designate, identify, or call additional experts, the court may order that party to pay all costs incurred in the discovery of such additional experts. For good cause shown, pursuant to the Rules of Supreme Court of Virginia, the court may limit the number of expert witnesses other than those identified in this subsection whom a party may designate, identify, or call to testify at trial.