Is Fetus a “PATIENT”? More on Bypassing Damage Caps

By Alex Stein

In Virginia and many other states, statutory caps limit the amount of compensation that an aggrieved patient can recover from her doctor. To bypass this limit, a victim of medical malpractice may want not to be considered a “patient.” This motivation brought the IS FETUS A PATIENT? question to the Virginia Supreme Court in Simpson v. Roberts, — S.E.2d —-, 2014 WL 92032 (Va. 2014).

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