When hearing Virginia medical malpractice cases, courts enforce a strict set of procedural rules to ensure that cases proceed through the system in an orderly and efficient manner. While perhaps most cases are resolved without significant litigation over one party’s compliance with a procedural rule, occasionally the question of whether a party complied with a rule is the focus of significant litigation.
Virginia procedural rules are very important because a party’s failure to follow the rules may result in serious sanctions, including the dismissal of a case or a judgment entered in favor of the opposing party. A recent appellate decision in a medical malpractice case illustrates how one plaintiff’s failure to diligently pursue her case resulted in her case’s dismissal.
The Facts of the Case
The plaintiff claimed that the defendant hospital was responsible for an injury she received while being treated at the hospital in 2003. In 2005, the plaintiff filed her first medical malpractice case against the hospital, but, since she failed to attached a required expert affidavit, the plaintiff voluntarily withdrew her case in 2007 with the intention of obtaining the affidavit and refiling the case.