Articles Posted in Health Care Law

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Michael Paugh was involuntarily committed after a hearing by a special justice. Paugh appealed. After another hearing, the circuit court found that the involuntary commitment order was valid and denied Paugh's appeal. Paugh again appealed, arguing primarily that the circuit court erred in using the date that the special justice entered the order committing him as the date upon which to evaluate the evidence on his appeal rather than the date of the circuit court hearing. The Supreme Court reversed, holding (1) the circuit court used the incorrect date in this case because the court was statutorily required to determine whether Paugh met the requirements for involuntary commitment on the date of the circuit court hearing; and (2) the evidence was insufficient to commit Paugh as of the date of the circuit court hearing. View "Paugh v. Henrico Area Mental Health & Developmental Servs." on Justia Law

Posted in: Health Care Law

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The Doctors Company (TDC), a professional liability insurance company, sought a determination that its coverage of policyholder Women's Healthcare Associates (WHA) did not apply to a pending breach of contract action relating to WHA's participation in the Virginia Birth-Related Neurological Injury Compensation Act (the Birth Injury Fund). The Davidson family filed the underlying breach of contract action against WHA, alleging that they entered into an express contract with WHA partly in reliance on WHA's participation in the Birth Injury Fund, and WHA materially breached the contract by failing to pay into the fund as represented to the Davidsons. The circuit court ruled against TDC and in favor of WHA and the Davidsons, finding that the policy covered the claim alleged by the Davidsons in their complaint against WHA. The Supreme Court affirmed, holding (1) the underlying action was covered by the insurance policy; and (2) therefore, TDC must both defend and indemnify WHA in the underling breach of contract action. View "The Doctors Co. v. Women's Healthcare Assocs." on Justia Law