Merritt v. Clark

By Judge Gerald Bruce Lee

This matter is before the Court on the Defendant’s Plea in Bar asserting the statute of limitations as a defense to the Plaintiff’s wrongful death claim. Defendant, Dr. Ford, relies on Virginia’s Medical Malpractice Statute (Code of Virginia § 8.01-581.1, et seq.) to assert that the cause of action accrued at the time that treatment terminated and that the statute of limitations expired prior to the filing of this action. Plaintiff relies on Virginia’s Wrongful Death Statute (Code of Virginia § 8.01-50) and the continuing treatment doctrine to assert that the cause of…