Thursday, June 17, 2004

Virginia med mal case dismissed on limitations, E.R. visits are not continuing treatment

In Castillo v. Emergency Medical Associates, P.A., the Fourth Circuit in an opinion by Judge Duncan, joined by Judge Motz with Judge Gregory dissenting, held that the plaintiff's medical malpractice claim was untimely under Virginia law, as there was no "continuing treatment" to bring the alleged acts of negligence within the two-year period.

Interestingly, both the majority and the dissent relied extensively on Virginia circuit court opinions.

I suspect that the med mal lawyers around the state will be studying this opinion for years to come.

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