13 Jan Virginia: Medical Malpractice – a Lawyer’s Birth
On January 10, 2014, the Supreme Court of Virginia decided the case of Simpson v. Roberts, No. 121984. It held that an infant’s claim against a doctor for injury sustained in utero was subject to the medical malpractice “cap” Id. at 13.
“The facts of the case and this Court’s precedent… do not support Simpson’s position.” Id. at 10. Simpson observed it was governed by the holding in Castle v. Lester, 272 Va. 591, 602 (2006): “Dr. Roberts’ negligence in performing the amniocentesis ‘caused the child, though born alive, to be seriously impaired… the mother and child were both ‘patients’ of the defendant, each of whom was entitled to a separate statutory damage cap under the Virginia Medical Malpractice Act.” Id. at 11-12.
Mr. Waterman handles medical malpractice cases, including birth-related injuries. He currently has a medical malpractice birth-injury case pending in Circuit Court for the City of Newport News, Virginia.
THE VIRGINIA STATE BAR REQUIRES ALL LAWYERS TO POST THE FOLLOWING DISCLAIMERS ON ALL CASE-RELATED POSTS. MR. WATERMAN’S CASE RESULTS AND CLIENT TESTIMONIALS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. THEY DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE BY HIM.