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Article Excerpt
CASE ON POINT: Hicks v. Mellis, VASC 070344 (02/29/2008) S.E.2d--VA.
ISSUE: Ordinarily a statute of limitations is a complete bar to any suit brought after the expiration of the term set forth in the statute. There are certain limited exceptions, such as when the facts have been deliberately hidden from a patient through misrepresentation and/or fraud. Also, there are exceptions regarding whether the patient knew, or should have known, that he or she was the victim of medical malpractice. However, except for limited exceptions, ordinarily statues of limitation are strictly enforced. In this unusual Virginia case the courts were confronted with a set of facts wherein the plaintiff filed a timely complaint, but the defendants were never served with process and were not aware that the plaintiff consented to voluntary dismissal of the case brought by her against the named defendants.
CASE FACTS: Darlene Hicks brought several medical malpractice...
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