Virginia: Medical Malpractice – a Lawyer’s Plea

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At hearing and by Order entered on October 19, 2018, Judge Rupe of the Circuit Court for the City of Richmond, Virginia, upheld as timely the enhanced Complaint refiled outside the statute of limitations yet within 6 months of nonsuit; applied the same “conduct, transaction, or occurrence” test to find that 3 new allegations of negligence did not state a new cause of action; and overruled the medical malpractice Defendant’s Plea in Bar. The case is Huffman v. Fredricksburg Orthopaedic Assocs., P.C., No. CL18-4301. It relied in significant part on Mr. Waterman’s prior case briefing.