Herndon v. St. Mary's Hospital, Inc.

587 S.E.2d 567, 266 Va. 472, 2003 Va. LEXIS 94
Supreme Court of Virginia·Decided October 31, 2003·No. Record No. 030070·Published·Cited by 4 cases

Opinion

JUSTICE KEENAN

delivered the opinion of the Court.

In this appeal, we consider whether Code § 8.01-8 authorizes parents to bring an action in their own name as next friend of their minor child.

We will state the facts relevant to this appeal. Matthew McNeil Herndon is the son of Debbie Thompson Herndon and Larry McNeil Herndon (the Herndons). Matthew was born on December 28, 1991, and allegedly sustained injuries as a result of medical care rendered before and during his delivery.

On December 27, 2001, the Herndons filed a medical malpractice action against St. Mary’s Hospital, Incorporated, and others (collectively, the hospital), alleging that Matthew sustained injuries at or near the time of his birth as a result of the hospital’s negligence. The plaintiffs named in the motion for judgment included “Debbie Thompson Herndon, as mother and next friend of Matthew McNeil Herndon” and “Larry McNeil Herndon, as father and next friend of Matthew McNeil Herndon.”

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Herndon v. St. Mary's Hospital, Inc., 587 S.E.2d 567, 266 Va. 472, 2003 Va. LEXIS 94 (Va. 2003).

587 S.E.2d 567 (Herndon v. St. Mary's Hospital, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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Herndon v. ST. MARY'S HOSP. INC.
587 S.E.2d 567 (Supreme Court of Virginia, 2003)