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Author Archives: Deborah Elkins

Medical Malpractice – Failure To Diagnose – Continuous Treatment Rule (access required)

A Richmond Circuit Court defers ruling on defendant physician’s plea of the statute of limitations in plaintiff’s suit alleging failure to diagnose, pending production of additional medical evidence. Plaintiff alleges failure to diagnose his cancerous condition during treatment that took ...

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Employment Discrimination – Disability – Res Judicata – State Grievance Procedure (access required)

A community college employee who was discharged after he allegedly sought treatment for substance abuse but who won reinstatement through the Virginia Department of Employee Dispute Resolution cannot sue the community college for disability discrimination under the Americans with Disabilities ...

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