Kock v. Government of The Virgin Islands

The majority opinion of this court holds that the Health Care Providers Malpractice Act, (“HCPMA”), 27 V.I.C. § 166 (Equity Supp.1983), has impliedly repealed the Virgin Islands Torts Claims Act, 33 V.I.C. § 3411 (Equity Supp.1983) (“VITCA”), so that a plaintiff can now recover in a wrongful death action against the government any amount in excess of $25,000 for which the Commissioner has insured the hospital — in this case $100,000. The majority has so held despite the fact that wrongful death actions are explicitly excepted from the Medical Malpractice Act by section 166(b) of the Act, and…