23 Jan Virginia: Medical Malpractice – A Lawyer’s Battery
By ruling made and Order entered on January 6, 2017, Fairfax Circuit Court overruled the Demurrer of Defendants, hospital and vascular surgeon chief, to Plaintiff’s allegations of battery, fraud, and conspiracy in Yeatts v. INOVA Health Care Servs. and Dipankar Mukherjee, No. 2016-05070. Defendants unsuccessfully argued that they were covered by Virginia’s Medical Malpractice Act, with the Judge finding inter alia that such intentional misconduct did not constitute the requisite healthcare under the Act.