Brown v. Tashman

In pregnancy-related medical malpractice lawsuits, the lack of a personal injuries claim for a child is a bar to a parent’s claim to recover medical expenses incurred on behalf of the child, where the tortious conduct occurred only while thechild was in utero. The parent’s claim to medical expenses for the child is derivative of the child’s own claim for personal injuries.

Defendants’ pleas in bar sustained.

Brown v. Tashman, Nos. CL17-3852 and -10180, Nov. 9, 2018. Fairfax Cir. (Oblon).

 



Categories: Opinions, Virginia Circuit Courts

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