Special Tort Related Actions Flashcards
Virginia Tort Claims Act
Waives Sovereign immunity for certain torts committed by Commonwealth employees acting WITHIN THE SCOPE OF EMPLOYMENT
Notice of VTCA Claim is due…..
Written notice of the claim must be must be given to the Attorney General or Director or Risk Management within 1 year of accrual of the claim. Failure to serve notice completely bars the claim under the VTCA
Upon notice, the commonwealth may
Pay the Claim, reject the claim , or not responded
If the commonwealth refuses to pay or fails to respond sooner than 6 months
P may bring suit after 6 months of notice and must file the claim within 18 months of the filing of the claim.
A wrongful death action is bought by
The Personal Representative
The Defendant can assert any defense against a personal representative
That could be asserted against the deceased if he was still alive
Damages in a wrongful death action are
Distributed to the surviving spouse, children, and grandchildren. (if none, then siblings and parents)
Damages in a Wrongful Death Action can include
Compensatory damages for mental anguish, loss of finical benefits and services, and medial and funeral expenses
The SOL to bring a wrongful death action
is 2 years from the date of death
A medical malpractice suit is a suit against a
Health care provider
Before filing a medal mal claim, P must
Obtain a written opinion from an expert that says
1) The healthcare provider breached the duty of care; and
2) the breach proximately caused P’s injuries
The pre filing expert opinion does
not have to be admitted into evidence, but the court can inquire into the opinion in camera
Damages under the VTCA are limited to
100k compensatory
No punitive damages
Med Mal review panel
Within 30 days after responsive pleading had been filed, either party can request a med mal review panel
Damages under the VTCA are limited to
100k compensatory
No punitive damages
