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 Neurologic Injury. For more information on birth related neurologic injury see the Virginia Workers Compensation Commission which administers such claims.
Neurologic Injury-Cases
2003 Berner v. Mills, 265 Va. 408, 579 S.E.2d 159.
Defendant, professional corporation, asserted that this medical negligence claim was governed by the Virginia Birth Related Neurological Injury Compensation Act even though the physician’s professional corporation was not expressly governed by the statute. A subsequent amendment included the professional corporation within the statute and the issue is whether or not that statutory amendment is retroactive. The court concluded that it was not applying general principles of statutory construction, i.e., unless the statute expressly says that it is retroactive then, it is deemed to be prospective.
2000 Jan Paul Fruiterman, M.D. & Assocs. v. Waziri, 259 Va. 540, 525 S.E.2d 552.
Virginia Birth Related Neurological Injury Compensation Act is not applicable to professional corporations.
1995 Gibson v. Riverside Hosp., 250 Va. 140, 458 S.E.2d 460.
Medical malpractice action. Defendants allege that action was governed by Virginia Birth Related Neurological Compensation Act. Burden on defendants to prove this. Defendants failed to prove this.
