Wackwitz v. Roy

By JUDGE FRANK A. HOSS, JR.

This action arises out of a motion for judgment filed by the plaintiff, Mrs. Wackwitz, both individually and as personal representative of her husband’s estate, for the alleged wrongful death of the plaintiff’s husband. The action is premised on the alleged medical malpractice of the defendants, Dr. Roy and Potomac Hospital. The defendants have filed motions to dismiss based upon two theories: first, that Mrs. Wackwitz did not give proper notice of her individual claim pursuant to the Medical Malpractice Act, Virginia Code §§ 8.01-581.1, et seq., and that she has no…