Cook v. Radford Community Hospital, Inc.

In this appeal, we consider whether Code § 37.1-141 precludes the filing of an action by a person adjudged incapacitated and requires such action to be brought by the guardian of the incapacitated person.

On December 20, 1995, Alta R. Cook (Cook) was declared incapacitated pursuant to former Code §37.1-132. Cook’s husband, Donnie R. Cook, was appointed as her guardian. On November 24, 1997, Cook, in her own name, filed a medical malpractice action against Radford Community Hospital, Incorporated, and Drs. Mark Todd and Robert C. Solomon for injuries she alleged resulted from treatment she…