Power v. Alexandria Physicians Group, Ltd.

MEMORANDUM OPINION

ELLIS, District Judge.

At issue in this medical malpractice action is whether Virginia’s $1 million statutory limit on medical malpractice damages 1 bars a patient from recovering additional damages for certain injuries where, as here, the patient has already won a $1 million judgment against a hospital for the same injuries based on the hospital’s violation of the federal Emergency Medical Treatment and Active Labor Act (EMTALA). 2 In other words, the question presented is whether the medical malpractice damages cap bars recovery for malpractice injuries for which the…