No. 20-217

Richard Balter v. United States

Lower Court: Fourth Circuit
Docketed: 2020-08-25
Status: Denied
Type: Paid
Tags: expert-witness federal-tort-claims-act medical-malpractice proximate-cause standard-of-care virginia-medical-malpractice-act
Key Terms:
JusticiabilityDoctri ClassAction
Latest Conference: 2021-01-08
Question Presented (AI Summary)

Does the Virginia Medical Malpractice Act's requirement apply to a medical malpractice claim under the Federal Tort Claims Act?

Question Presented (OCR Extract)

QUESTION PRESENTED Does the Virginia Medical Malpractice Act’s requirement that a plaintiff possess a written opinion signed by an expert witness that, based upon a reasonable understanding of the facts, the defendant for whom service of process has been requested deviated from the applicable standard of care and the deviation was a : proximate cause of the injuries claimed apply to a medical malpractice claim brought under the Federal Tort Claims Act? i

Docket Entries

2021-01-11
Petition DENIED.
2020-12-09
DISTRIBUTED for Conference of 1/8/2021.
2020-11-25
Brief of respondent United States in opposition filed.
2020-10-16
Motion to extend the time to file a response is granted and the time is further extended to and including November 25, 2020.
2020-10-15
Motion to extend the time to file a response from October 26, 2020 to November 25, 2020, submitted to The Clerk.
2020-08-31
Motion to extend the time to file a response is granted and the time is extended to and including October 26, 2020.
2020-08-28
Motion to extend the time to file a response from September 24, 2020 to October 26, 2020, submitted to The Clerk.
2020-08-19
Petition for a writ of certiorari filed. (Response due September 24, 2020)

Attorneys

Richard Balter
Richard Balter — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent