Legal Opinion
Central Virginia Obstetrics & Gynecology Associates, P.C. v. Whitfield
Court of Appeals of Virginia
Decided January 13, 2004No. Record 0399-03-2, 0400-03-2PublishedCited by 53 opinions
1Opinion of the Court
D. ARTHUR KELSEY, Judge.
Dejuan Whitfield-Smith died within a couple of hours after his birth. His estate filed a malpractice action in Richmond Circuit Court against Chippenham & Johnston-Willis Hospital, Inc., Central Virginia Obstetrics & Gynecology Associates, P.C., and Kwasi A. Debra, M.D. In defense of this claim, the defendants asserted statutory tort immunity under the Virginia Birth-Related Neurological Injury Compensation Act, Code §§ 38.2-5000 to 38.2-5021. As the Act requires, the circuit court referred the question to the Virginia Workers’ Compensation Commission. After hearing…
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