Dye v. Staley

This medical malpractice case, a companion to Baker v. Zirkle, 226 Va. 7, 307 S.E.2d 234 (1983), was brought by Mary Lou Dye against J. S. Staley, M.D., Staley Clinic, Inc., and Smyth County Community Hospital. Sustaining pleas of the statute of limitations filed by the defendants, the trial court dismissed the case. In Baker, we reversed similar trial court action on the authority of Code § 8.01-581.9, one of the medical malpractice review panel statutes. We reverse here on the same authority.

At the time of the proceeding below, Code § 8.01-581.9 read in pertinent part:

The giving of notice…