Wednesday, February 18, 2004
Hospital has no right to medical malpractice panel
In Lovelace v. Rockingham Memorial Hospital, Chief Judge Wilson for the W.D. Va. concluded that a hospital has no right to the referral of a medical malpractice case to a panel under the Virginia statute, Va. Code 8.01-581.1, et seq., for a case filed originally in federal court based on the Court's diversity jurisdiction, notwithstanding the requirements of the Erie doctrine. Judge Wilson went on to deny the hospital's motion to certify the case for interlocutory appeal.