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DiANTONIO v. NORTHAMPTON-ACCOMACK MEMORIAL

No. 79-1039.

628 F.2d 287 (1980)

Joseph DiANTONIO, Appellant, v. NORTHAMPTON-ACCOMACK MEMORIAL HOSPITAL and Gene Myers, Dr., Appellees, Association of Trial Lawyers of America/Appellant, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided August 26, 1980.

Attorney(s) appearing for the Case

Walter H. Emroch, Richmond, Va. (Walter H. Emroch & Associates, Richmond, Va., on brief), for appellant.

Byron Peter Kloeppel, Portsmouth, Va. (H. Thomas Fennell, Jr., Cooper, Davis, Kilgore, Parker, Leon & Fennell, Portsmouth, Va., on brief), for appellee.

Marshall Coleman, Atty. Gen. of Va., Martin A. Donlan, Jr., Asst. Atty. Gen., Richmond, Va., on brief, for amicus curiae Commonwealth of Virginia.

James A. Eichner, Allen, Allen, Allen & Allen, Richmond, Va., Alan W. Clarke, Lively, Va., Associates of Trial Lawyers of America, Michael F. Colley, President, Association of Trial Lawyers of America, on brief, for amicus curiae.

Before HAYNSWORTH, Chief Judge, WINTER, Circuit Judge, and FIELD, Senior Circuit Judge.

HAYNSWORTH, Chief Judge:

In this medical malpractice action brought in the diversity jurisdiction, the plaintiff complains of the application to him of the Virginia Medical Malpractice Act.1 It requires prior notice of intention to file a medical malpractice action and provides for mediation and decision by a panel of physicians and lawyers appointed by the Chief Justice of the Commonwealth. This action

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