There is a $ 2 million cap on medical malpractice. If a parent were to sue for medical malpractice on behalf of a minor, would the parent also be entitled to sue for mental anguish on behalf of themselves? If so, what would the statute of limitations be for the mental anguish suit, if separate? (Normally for medical malpractice, the statute of limitations is one year, but for minors it is extended because problems from birth might not be evident right away).
The reasons I am wondering if they can be two separate cases is that there are two separate plaintiffs (the child who was injured (malpractice) and the parent (mental anguish)) and in order to maximize total recovery for the family since there is the cap on medical malpractice.
raichasays
Excellent question for VA lawyer!
My educated guess is no, you won't be able to get around the med cap this way.
Orignal From: In the state of Virginia, can you sue for mental anguish and malpractice separately?
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