SIMPSON v. ROBERTS

Record No. 121984.

752 S.E.2d 801 (2014)

Marissa R. SIMPSON, an Infant, Who Sues by her Father and Next Friend v. David ROBERTS, et al.

Supreme Court of Virginia.

January 10, 2014.


Attorney(s) appearing for the Case

L. Steven Emmert ( Jeffrey H. Krasnow ; Patrick A. Malone ; Sykes, Bourdon, Ahern & Levy; Krasnow & Associates; Malone & Associates, on briefs), for appellant.

Frank K. Friedman ( Mark D. Loftis ; Walter H. Peake, III ; Matthew E. Kelley ; Woods Rogers ; Frith Anderson & Peake, on brief), for appellees.

Amicus Curiae: Medical Society of Virginia ( Paul T. Walkinshaw ; W. Scott Johnson ; Garland B. Nagy ; Hancock, Daniel, Johnson & Nagle, on brief), in support of appellees.

Present: All the Justices.


Opinion by Justice DONALD W. LEMONS.

In this appeal we consider whether the Circuit Court of the City of Roanoke ("trial court") erred when it held that Marissa R. Simpson ("Simpson") was a patient of Dr. David Roberts ("Dr. Roberts") and that her claim arose under Virginia's Medical Malpractice Act, Code §§ 8.01-581.1 et seq. ("Act"), and was subject to the Act's statutory cap on damages, Code § 8.01-581...

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