Home / The SCoVA Blog / Va. Supreme Court blocks bid to avoid medical malpractice cap

Va. Supreme Court blocks bid to avoid medical malpractice cap

An effort to recover more than the maximum allowed under Virginia law in a birth injury case has been turned aside by the Supreme Court of Virginia.

The court decided that injuries to Marissa Simpson, now 12, caused by a medical procedure before she was born are covered by the state’s medical malpractice law and therefore are subject to a cap on the amount of damages she can receive.

Simpson’s lawyers had argued she was not a “natural person” under Virginia law at the time of 2001 prenatal testing blamed for her injuries, according to The Roanoke Times.

“Since a fetus is not a person, then Marissa could not meet the definition of a patient,” Jeff Krasnow, a Roanoke attorney who handled her case, told the paper.

Two years ago, a Roanoke jury returned a $7 million verdict against the physician who performed the tests. The Supreme Court affirmed a trial court decision to limit the judgment to the amount allowed under Virginia’s medical malpractice law.

Leave a Reply

Your email address will not be published. Required fields are marked *


You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>


Scroll To Top