5.7 Certification Requirement

• Library: Medical Malpractice Law in Virginia (Virginia CLE) (2017 Ed.)

5.7 CERTIFICATION REQUIREMENT

5.701 In General. Although a medical malpractice lawsuit may be filed without favorable standard of care and causation opinions from qualified experts, it is not advisable to do so. There are some circumstances, such as a looming statute of limitations deadline, in which one must do so. However, an attorney cannot request service of process on a defendant or request that a defendant accept service without having obtained a written opinion from an expert that the defendant breached the standard of care and caused injury to the plaintiff. ⁶⁶

5.702 Content of Certification. Section 8.01-20.1 mandates that before requesting service on a defendant or asking a defendant to accept service, the plaintiff's attorney must (i) have a written opinion in hand signed

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by an expert; and (ii) reasonably believe that the signing expert would qualify as an expert on the issues addressed in the written opinion.

The written opinion must state that, based on a reasonable understanding of the facts, it is the...