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ARMSTRONG v. ERASMO

Record Nos. 780625, 780802.

263 S.E.2d 655 (1980)

George A. ARMSTRONG v. Dr. Ramon R. ERASMO et al. Mary WELSH, Administratrix, etc. v. NEWPORT NEWS GENERAL AND NONSECTARIAN HOSPITAL ASSOCIATION, INCORPORATED, t/a, etc., et al.

Supreme Court of Virginia.

February 29, 1980.

Attorney(s) appearing for the Case

Robert A. Williams, Martinsville (Henry Frye, Greensboro, N. C., Williams, Luck & Williams, Martinsville, Frye & Johnson, Greensboro, N. C., on brief), for appellant Armstrong.

Robert L. Morrison, Jr., Danville, Donald C. Gehring, Roanoke (Charles R. Warren, Jr., Danville, Carroll D. Rea, Roanoke, Warren, Parker, Williams & Stilwell, Danville, Hazlegrove, Dickinson & Rea, Roanoke, on briefs), for appellees Erasmo et al.

Charles H. Burr, Williamsburg (Stone, Bland & Pugh, Williamsburg, on brief), for appellant Welsh.

William V. Hoyle, Newport News, Jack B. Russell, Richmond (Kimberly T. Henry, Richmond, Phillips M. Dowding, Hoyle, Corbett, Hubbard & Smith, Newport News, Browder, Russell, Little, Morris & Butcher, Richmond, on brief), for appellees Newport News Hospital et al.

F. William Kirby, Jr., Melvin R. Manning, McCaul, Grigsby & Pearsall, Richmond (F. William Kirby, Jr., Martinsville, Melvin R. Manning, McCaul, Grigsby & Pearsall, Richmond, on brief), amicus curiae for appellant Welsh.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, POFF and COMPTON, JJ.

COMPTON, Justice.

We consolidated for review these tort actions decided by separate trial courts but presenting a common issue. In each case the applicable two-year limitation period had passed when plaintiff filed suit for alleged medical malpractice. Each suit was instituted, however, within the period when the statute of limitations would have been tolled as the result of written notification of the alleged malpractice. Such notices were given under the provisions...

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