Virginia Tort Claims Act Flashcards
In general, what does the VTCA allow?
Plaintiffs sue to the Commonwealth of Virginia for certain torts committed by commonwealth employees. It does not apply to local governments
Under the VTCA, Va is ____ for torts to the same extent as _____________
- liable
- private parties
The VTCA only applies to Commonwealth employees acting….
within the scope of their employment
Timeliness of Suit
How long does the ProspectiveP have to serve notice on the Commonwealth?
within 1 year of the incident
Timeliness of Suit
What is the effect of failing to provide notice of suit within the alotted time?
Claim is barred
Timeliness of Suit
Upon notice, the commonwealth may just pay the claim. If not?
- P can sue after 6 months if VA fails to pay or respond
- All claims must be filed within 18 months of notice
- in otherwords a total of a year to sue
Limitations
What are the limitations on:
1. compensatory damages
2. punitive damages
3. claims against legislators or judicial officers
4. claims by prisoners
- no more than $100K
- not allowed
- not allowed
- must exhaust administrative remedies first
Wrongful Death Actions
Who may bring suit?
the decedent’s personal representative.
Wrongful Death Actions
What is the order of preference for beneficiaries of the suit?
- first to surviving spouse, children, and grandchildren
- if none of the above, then to the decedent’s parents and siblings
Wrongful Death Actions
What do compensatory damages in a wrongful death action cover?
- Mental anguish
- loss of financial benefits and services
- medical and funeral expenses
punitive damages are available if the death was caused by intentional or reckless conduct
Wrongful Death Actions
Statute of limitations?
2 years from the date of **death **
Medical Malpractice
VA has specific procedures for negligence actions against health care providers, which include…
- physicians
- dentists
- pharmacists
- counselors
- etc.
Medical Malpractice
Before filing suit against a health care provider, P must obtain a written opinion from __________
That opinion must provide….(2)
- 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
Medical Malpractice
Within ________ after responsive has been filed, either party may requiest review by a medical malpractice review panel
30 days
Medical Malpractice
Once a review by a medical malpractice review panel has been requested, what happens?
- 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