Medical malpractice; expert witness certification, court may conduct an in camera review. (SB699)

Introduced By

Sen. Kenneth Alexander (D-Norfolk) with support from co-patron Sen. Ralph Northam (D-Norfolk)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Medical malpractice; certification of expert witnesses. Provides that in an action for medical malpractice or wrongful death premised on medical malpractice, the plaintiff must disclose the identity and qualifications of the expert witness who certified that the defendant deviated from the applicable standard of care and the deviation was the proximate cause of the injuries claimed. Such a certification is required before any action for medical malpractice or wrongful death premised on medical malpractice may be instituted, except in cases where cause of the injuries claimed lies within the jury's common knowledge and experience. Currently, the identity and qualifications of the certifying expert witness are not disclosed and are not discoverable by the plaintiff. Read the Bill »


Bill Has Passed


10/23/2012Prefiled and ordered printed; offered 01/09/13 13100016D
10/23/2012Referred to Committee for Courts of Justice
02/01/2013Reported from Courts of Justice with substitute (14-Y 0-N) (see vote tally)
02/01/2013Committee substitute printed 13103946D-S1
02/01/2013Incorporates SB1255
02/04/2013Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/05/2013Read third time and passed Senate (38-Y 2-N) (see vote tally)
02/05/2013Pending question ordered
02/05/2013Read second time
02/05/2013Reading of substitute waived
02/05/2013Committee substitute agreed to 13103946D-S1
02/05/2013Engrossed by Senate - committee substitute SB699S1
02/05/2013Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/05/2013Passed Senate (38-Y 2-N) (see vote tally)
02/11/2013Placed on Calendar
02/11/2013Read first time
02/11/2013Referred to Committee for Courts of Justice
02/11/2013Reported from Courts of Justice (17-Y 0-N) (see vote tally)
02/13/2013Read second time
02/14/2013Read third time
02/14/2013Passed House (97-Y 2-N)
02/14/2013VOTE: PASSAGE (97-Y 2-N) (see vote tally)
02/19/2013Bill text as passed Senate and House (SB699ER)
02/19/2013Signed by Speaker
02/20/2013Signed by President
03/20/2013G Approved by Governor-Chapter 610 (effective 7/1/13)
03/20/2013G Acts of Assembly Chapter text (CHAP0610)


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 2 clips in all, totaling 9 minutes.