This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Birth injury cases and the related topic of medical malpractice. For more information on birth injury cases see the page on Wikipedia.
Birth Cases
1997 Nunnally v. Artis, 254 Va. 247, 492 S.E.2d 126.
Birth cases.Wrongful conception case. Supreme Court expressly overrules prior decision in Scarpa v. Melzig, 237 Va. 509, stating that cause of action accrues upon conception since obviously there could be no cause of action for wrongful conception without there having been conception.
1994 Glascock v. Laserna, 247 Va. 108, 439 S.E.2d 380.
Birth cases. Wrongful birth claim. Parent claim for medical expenses is governed by two year statute of limitations because claim is personal in nature to them and is not an attempt to recover medical expenses on behalf of child.
1992 Fairfax Hosp. Sys. v. McCarty, 244 Va. 28, 419 S.E.2d 621.
Mother entitled to recovery for birth injury to fetus. Likewise, mother entitled to recover for mental suffering resulting from birth of defective baby. Mother in this sense is patient, therefore entitled to her own cap on damages in medical malpractice action.
1986 Miller v. Johnson, 231 Va. 177, 343 S.E.2d 301.
Birth cases.Court discusses nature of wrongful life, wrongful birth, and wrongful conception actions. Whether cause of action exists for wrongful birth where child is fatally defective is question to be determined in accord with traditional tort principles. Action for wrongful pregnancy may be maintained in Virginia. For such claim mother may recover for medical expenses, pain and suffering, lost wages, continuing pregnancy and ensuing childbirth and emotional distress causally resulting from tortiously caused physical injury. Cost of child rearing may not be recovered because fact finder is not capable of determining with any reasonable certainty costs of bringing child to maturity less offsetting value of child’s life.
1980 Rutherford v, Zearfoss, 221 Va. 685, 272 S.E.2d 225.
Defendant obstetrician-gynecologist alleged to be negligent for failure to perform caesarean.
