Legal Opinion
Herndon v. St. Mary's Hospital, Inc.
Supreme Court of Virginia
Decided October 31, 2003No. Record No. 030070PublishedCited by 4 opinions
1Opinion of the CourtJustice Keenan
In this appeal, we consider whether Code § 8.01-8 authorizes parents to bring an action in their own name as next friend of their minor child.
We will state the facts relevant to this appeal. Matthew McNeil Herndon is the son of Debbie Thompson Herndon and Larry McNeil Herndon (the Herndons). Matthew was born on December 28, 1991, and allegedly sustained injuries as a result of medical care rendered before and during his delivery.
On December 27, 2001, the Herndons filed a medical malpractice action against St. Mary’s Hospital, Incorporated, and others (collectively, the hospital), alleging…
2Cases cited17 opinions
- Cummings v. FulghumSupreme Court of Virginia · 2001
- Commercial Underwriters Insurance v. Hunt & Calderone, P.C.Supreme Court of Virginia · 2001
- Supinger v. StakesSupreme Court of Virginia · 1998
- Boyd v. CommonwealthSupreme Court of Virginia · 1988
- Mitchem v. CountsSupreme Court of Virginia · 2000
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3Cited by4 opinions
- Estate of James v. PeytonSupreme Court of Virginia · 2009
- Collins v. CommonwealthSupreme Court of Virginia · 2012
- Herndon v. ST. MARY'S HOSP. INC.Supreme Court of Virginia · 2003
- Jarrell v. Chippenham & Johnston-Willis Hospitals, Inc.Richmond County Circuit Court · 2004