Perez Ex Rel. Perez v. Espinola

MEMORANDUM OPINION

ELLIS, District Judge.

I. Background

The unsettled question of Virginia law raised in this diversity malpractice case is whether the statute of limitations tolling provision for a minor’s claim applies also to a parent’s claims for medical expenses and emotional distress stemming from the same incident of alleged malpractice.

The pertinent facts may be simply stated. In 1978, Mrs. Perez became a patient of defendant, an obstetrician then practicing in Virginia. In early 1979, she became pregnant and was treated by defendant during the course of her pregnancy. On October 31,…