Samuel v. V.C.U. Obstetrics & Gynecology Ass'n

By JUDGE RANDALL G. JOHNSON

The issue presently before the court is whether defendant, V.C.U. Obstetrics and Gynecology Association, a corporation organized under the Virginia Nonstock Corporation Act (Va. Code § 13.1-801 et seq.), and whose only members are licensed physicians, is a "health care provider" under Virginia’s Medical Malpractice Act, Va. Code Section 8.01-581.1 et seq. ("the Act"). Defendant contends that it is a health care provider, and has filed a demurrer to and motion to dismiss plaintiff’s medical malpractice lawsuit against it on the ground that the Act’s provisions…