Legal Question in Legal Malpractice in Virginia

Stepdaughter died from acetaminophen overdose 6-9-09 , tried filing a civil ma-practice law suit against er physician for wrongful death , resulting from a poor er work up on 6-4-09 and second visit 6-5-09 , was told because of patients past medical history and due to fact she never informed er physician she had been using acetaminophen that case just too iffy to file.

filed compliant with virginia board of medicine , received 9-14-11, a consent order from virginia board of medicine that physician violated sections 54.1-1295.a(3) , (13), and (16) code of virginia on 6-4 / 6-5 visits by not taking appropriate actions to address abnormal test results . the statue of limitations for a va malpractice case ended 6-9-11 . virginia dose not favor the discovery rule in civil medical cases. can this case be reopened on the physicain's signing of consent order from board medicine 9-14-11 . or is there another way to file unlawful death suit ??

Asked on 9/18/11, 9:33 am

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
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So, when was your complaint filed with the Virginia Board of Medicine and if not until this year, what accounts for the delay? (The answer could be important in

determining whether you might now have any way around the expired SOL.)

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Answered on 9/18/11, 12:12 pm

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