Christian P. Nielsen v. Richard L. Gaertner, M.D., Virginia Trial Lawyers Association, Amicus Curiae

Reversed and remanded by published opinion. Judge ERVIN wrote the opinion, in which Judge MOTZ and Senior Judge PHILLIPS joined.

OPINION

ERVIN, Circuit Judge:

Christian P. Nielsen, the plaintiff-appellant in this Virginia medical malpractice case, appeals from a grant of summary judgment by the district court dismissing his action on the ground that it was barred by the two year statute of limitations. We reverse and remand for the reasons hereinafter set forth.

I

Nielsen’s cause of action arose as a result of alleged medical malpractice on the part of the defendant-appellee, Richard L. Gaertner,…