Bates v. Commonwealth

By Judge Edward L. Hogshire

This letter opinion addresses the Commonwealth’s Motion to Dismiss the instant claim for inadequate notice, pursuant to Va. Code § 8.01-195.6 (2002). The case concerns the death of plaintiffs infant daughter while she was a patient at the University of Virginia Medical Center. On August 14, 2001, Plaintiff filed notice of the claim under the Virginia Tort Claims Act (VTCA), citing the location of the incident as “University of Virginia Health Sciences Center.” The Commonwealth contends that the lack of specificity in the notice of claim constitutes invalid notice,…