Medical malpractice; certification of expert witness, written opinion.
Summary
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.
Bill status
signed
all 5 stages cleared
Introduction
Jan 2025
Committee Review
Feb 2025
Senate Passage
Mar 2025
House of Delegates Passage
Mar 2025
Signed into Law
Mar 2025
Introduced Jan 4, 2025
Signed Mar 21, 2025
Maddy AI version diff · 3 comparisons
What changed between versions
Enrolled
→
Chaptered
·
2 edits
MINOR
This bill updates the official title and chapter number for a medical malpractice law, adding a specific approval date of March 21, 2025. The substantive content regarding expert witness certification and written opinions remains unchanged.
Scope change
None; the bill's scope and applicability are unchanged.
TECHNICAL
Added the specific approval date of March 21, 2025, to the act's header.
Changed the chapter designation from a blank placeholder to Chapter 359.
Floor votes · Senate Jan 17, 2025 · House of Delegates Feb 19, 2025
How they voted
40–0
Passed
Total votes 40
Jan 17, 2025
D
Democratic21
100% Yea
R
Republican19
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
30
Key actions
10
Committee
6
Mar 21, 2025
Signed into law
Approved by Governor-Chapter 359 (Effective 07/01/25)
executive
Mar 10, 2025
Upper · Passed
Signed by President
upper
Mar 7, 2025
Lower · Passed
Signed by Speaker
lower
Mar 7, 2025
Upper · Passed
Bill text as passed Senate and House (SB892ER)
upper
Feb 19, 2025
Lower · Passed
Passed House (91-Y 4-N)
lower
Feb 14, 2025
Lower · Passed
Reported from Courts of Justice (21-Y 0-N)
lower
Feb 10, 2025
Lower · Passed
Subcommittee recommends reporting (8-Y 0-N)
lower
Feb 7, 2025
Committee
Assigned Courts sub: Civil
lower
Feb 5, 2025
Committee
Referred to Committee for Courts of Justice
lower
Jan 21, 2025
Upper · Passed
Read third time and passed Senate (40-Y 0-N)
upper
Jan 17, 2025
Upper · Passed
Passed by for the day
upper
Jan 15, 2025
Upper · Passed
Reported from Courts of Justice with substitute (15-Y 0-N)
upper
Jan 4, 2025
Committee
Referred to Committee for Courts of Justice
upper
1 primary · 1 co-sponsor
Sponsors
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