Virginia Tort Claims Act

Question 1

In general, what does the VTCA allow?

Answer 1

Plaintiffs sue to the Commonwealth of Virginia for certain torts committed by commonwealth employees. It does not apply to local governments

Question 2

Under the VTCA, Va is ____ for torts to the same extent as _____________

Answer 2

• liable
• private parties

Question 3

The VTCA only applies to Commonwealth employees acting….

Answer 3

within the scope of their employment

Question 4

Timeliness of Suit

How long does the ProspectiveP have to serve notice on the Commonwealth?

Answer 4

within 1 year of the incident

Question 5

Timeliness of Suit

What is the effect of failing to provide notice of suit within the alotted time?

Answer 5

Claim is barred

Question 6

Timeliness of Suit

Upon notice, the commonwealth may just pay the claim. If not?

Answer 6

1. P can sue after 6 months if VA fails to pay or respond
2. All claims must be filed within 18 months of notice
3. in otherwords a total of a year to sue

Question 7

Limitations

What are the limitations on:
1. compensatory damages
2. punitive damages
3. claims against legislators or judicial officers
4. claims by prisoners

Answer 7

1. no more than $100K
2. not allowed
3. not allowed
4. must exhaust administrative remedies first

Question 8

Wrongful Death Actions

Who may bring suit?

Answer 8

the decedent’s personal representative.

Question 9

Wrongful Death Actions

What is the order of preference for beneficiaries of the suit?

Answer 9

1. first to surviving spouse, children, and grandchildren
2. if none of the above, then to the decedent’s parents and siblings

Question 10

Wrongful Death Actions

What do compensatory damages in a wrongful death action cover?

Answer 10

1. Mental anguish
2. loss of financial benefits and services
3. medical and funeral expenses

punitive damages are available if the death was caused by intentional or reckless conduct

Question 11

Wrongful Death Actions

Statute of limitations?

Answer 11

2 years from the date of **death **

Question 12

Medical Malpractice

VA has specific procedures for negligence actions against health care providers, which include…

Answer 12

1. physicians
2. dentists
3. pharmacists
4. counselors
5. etc.

Question 13

Medical Malpractice

Before filing suit against a health care provider, P must obtain a written opinion from __________

That opinion must provide….(2)

Answer 13

• expert
  1. the health care provider breached the standard of care
  2. the breach proximately caused the plaintiff’s injuries

Need not be admitted into evidence, but court may inquire into expert’s opinion in camera

Question 14

Medical Malpractice

Within ________ after responsive has been filed, either party may requiest review by a medical malpractice review panel

Answer 14

30 days

Question 15

Medical Malpractice

Once a review by a medical malpractice review panel has been requested, what happens?

Answer 15

• the lawsuit is stayed pending review
• The panel will issue an opinion on whether the health care provider was negligent
• After the review, the lawfuit may resume and either party may use the opinion at trial