Fairfax Hospital System, Inc. v. Nevitt

SENIOR JUSTICE POFF

delivered the opinion of the Court.

In this appeal from a judgment for a plaintiff in a medical malpractice case, the issues framed require us to consider (1) the stat*593ute granting a plaintiff the right to settle with one tortfeasor without releasing joint tortfeasors, Code § 8.01-35.1, and (2) the interplay of the provision in that statute requiring a settlement credit against “any amount recovered against the other tortfeasors” and the statute commonly called “the medical malpractice recovery cap”, Code § 8.01-581.15.

In September 1988, Diane M. Nevitt, born with tetralogy…