Virginia: Medical Malpractice – a Lawyer’s Amendment

Virginia: Medical Malpractice – a Lawyer’s Amendment

On May 2, 2014, Newport News Circuit Court granted leave to amend to correct a Defendant misnomer pursuant to Va. Code §8.01-6 in Gibbons v. Riverside Medical Group, et al., No. 1002326T-01. Specifically, Plaintiff named and served a corporation (Riverside Physician Services, Inc.) as Defendant by its fictitious name (Riverside Medical Group); and after both the statute of limitation and the limitation period for service had run, Plaintiff was permitted to substitute the corporation’s correct legal name for its fictitious name.

Represented by Hancock Daniel Johnson & Nagle (“HDJN”), the defense made a special appearance, argued that it was entitled to dismissal with prejudice in the name of the fictitious entity, and asserted there was no authority in favor of Plaintiff. At initial hearing on February 26, 2014, the Court granted dismissal with prejudice.

However, it turned out that HDJN was on the losing end of 2 similar prior motions in Nikes v. Abidin, No. CL-2013-13799 (Fairfax Mar. 14, 2014) and McCarty v. Allen, No. CL-09-12407 (Fairfax Jan. 7, 2011). Hence on reconsideration at rehearing on April 14, 2014, the Court reversed itself, vacated dismissal, and granted Plaintiff’s Motion.