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Keywords

defendantnegligencestatutetrialmalpracticestatute of limitations

negligencestatutetrialwillstatute of limitations

Related Cases

Grubbs v. Rawls, 235 Va. 607, 369 S.E.2d 683

Facts

Joyce A. Grubbs was treated by Dr. Marion L. Rice, Jr., a gastroenterologist, for a stomach disorder and subsequently underwent surgery performed by Dr. John A. Rawls. After the surgery, Grubbs' condition worsened, leading her to seek further medical assistance. Notices of malpractice claims were sent to both doctors in June 1984, alleging negligent treatment and surgery, which the defendants contended were filed too late according to the statute of limitations.

Joyce A. Grubbs was, prior to June 15, 1982, a patient of Dr. Marion L. Rice, Jr., a gastroenterologist, who treated her for a stomach disorder. On June 15, 1982, upon Dr. Rice's recommendation, Grubbs was admitted to The Retreat Hospital. On June 16, 1982, Dr. John A. Rawls operated on Grubbs. Dr. Rawls provided post-operative care through July 17, 1982. Dr. Rice provided post-operative care through November 1982.

Issue

When did the statute of limitations for the medical malpractice claims against the physicians begin to run, and were the notices of malpractice claims sufficient to meet statutory requirements?

The real issue here is when that statute of limitations began to run.

Rule

The statute of limitations for medical malpractice claims begins to run when the improper course of examination and treatment terminates, and the written notification must provide a reasonable description of the acts of malpractice.

The controlling principle is that first stated by the Court in Farley v. Goode, 219 Va. 969, 252 S.E.2d 594 (1979).

Analysis

The court applied the rule from previous cases, determining that Grubbs' claims fell within a continuous course of treatment that extended beyond the surgery date. The court found that the notices sent to the physicians were sufficient to alert them to the claims of post-operative negligence, as they referenced negligent treatment while under their care and described the worsening condition following the surgery.

In our opinion, the allegations in the instant suit bring it within the scope of the Farley–Fenton rule. Here, the claim is that Grubbs was treated jointly by Doctors Rice and Rawls for a stomach ailment starting on June 15, 1982. Her condition worsened while she was under both doctors' care for the same problem.

Conclusion

The Supreme Court reversed the trial court's judgment and remanded the case for further proceedings, concluding that the notices were timely and adequately described the claims.

Therefore, we will reverse the judgment of the trial court and remand the case for further proceedings consistent with this opinion.

Who won?

Joyce A. Grubbs prevailed in the case because the court found that her notices of malpractice claims were timely and sufficient to encompass her claims of post-operative negligence.

We hold that the notices were sent within the statutory period and that they were broad enough to encompass post-operative negligence.

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