Baker v. Zirkle

In this medical malpractice case, the trial court sustained a plea of the statute of limitations and dismissed a motion for judgment filed by the plaintiff, Donna Cooley Baker, against the defendants, Walter M. Zirkle, Jr., M.D., Michael J. Reilly, M.D., Daniel G. Witmer, M.D., and Richard Bump, M.D. Whether the plea was properly sustained requires an analysis of the interaction between the applicable statute of limitations and certain statutory provisions, specifically, Code §§ 8.01-581.2 and -581.9, which concern medical malpractice review panels. The parties agree that a two-year limitation applies to this case. Code § 8.01-243(A). They disagree upon the extent to which the limitation is affected by the review panel statutes.