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Article: Court holds state hospital cannot hide behind sovereign immunity.
- Article from:
- Hospital Law's Regan Report
- Article date:
- March 1, 2004
- Author:
CopyrightCOPYRIGHT 2004 Medical Law Publishing. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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BOTH STATE AND FEDERAL GOVERNMENTS HAVE SOVEREIGN IMMUNITY FROM SUIT. However, both state and federal governments have enacted laws to waive sovereign immunity to allow individuals who have meritorious claims against state and federal governments to sue. The principle issue in this interesting Virginia case was whether or not the administrator of a diseased patient had met all of the necessary terms for compliance with notice in order to pursue a claim under Virginia law, which provides for waiver of immunity.
ON JULY 21, 2000, FANNIE BATES WAS ADMITTED TO THE UNIVERSITY OF VIRGINIA MEDICAL CENTER. During the course of her treatment she required the use of a ...