FRUITERMAN, M.D. & ASSOC., P.C. v. WAZIRI

Record No. 990376.

525 S.E.2d 552 (2000)

JAN PAUL FRUITERMAN, M.D. AND ASSOCIATES, P.C. v. Ahmad WAZIRI and Hassini Waziri, Individually and as Personal Representatives of the Estate of Syawach Waziri.

Supreme Court of Virginia.

March 3, 2000.


Attorney(s) appearing for the Case

Alfred F. Belcuore, Chevy Chase, MD (Stephen L. Altman; Montedonico, Hamilton & Altman, Fairfax, on briefs), for appellant.

Timothy D. Junkin (William B. Moffitt; Oscar I. Dodek; Ashbill, Junkin & Moffitt, on brief), Washington, DC, for appellees.

Amici Curiae: Medical Society of Virginia and Virginia Obstetrical and Gynecological Society (Allen C. Goolsby, Virginia H. Hackney; Marie Elena Graham; Hunton & Williams, on brief), Richmond; Virginia Birth-Related Neurological Injury Compensation Program (Mark L. Earley, Attorney General; Frank S. Ferguson, Deputy Attorney General; John J. Beall, Jr., Senior Assistant Attorney General, on brief); Doctors Insurance Reciprocal (Risk Retention Group) (Judith B. Henry; Crews & Hancock, on brief), Richmond, in support of appellant.

Amicus Curiae: Virginia Trial Lawyers Association (Cheryl G. Rice; Steven M. Garver, on brief), Reston, in support of appellees.

Present: CARRICO, C.J., COMPTON, LACY, HASSELL, KEENAN, and KINSER, JJ., and POFF, Senior Justice.


POFF, Senior Justice.

In this appeal from a judgment entered in a medical malpractice, wrongful death action, the appellant, Jan Paul Fruiterman, M.D. and Associates, P.C., a professional corporation (the P.C.), contends that the trial court erred in denying coverage of the Virginia Birth-Related Neurological Injury Compensation Act, Code § 38.2-5000 et seq. (the Compensation Act), to professional corporations.

Ahmad and Hassini Waziri, individually and...

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