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State court of last resort · ST-VA-SC

McKinney v. Virginia Surgical Associates

No. 111869Supreme Court of Virginia

111869 McKinney v. Virginia Surgical Associates 09/14/2012 In a medical malpractice action which was converted to a wrongful death proceeding upon the death of the plaintiff, the cause of action was the defend…

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Current update

111869 McKinney v. Virginia Surgical Associates 09/14/2012 In a medical malpractice action which was converted to a wrongful deat…

At a glance
Court
Supreme Court of Virginia
First added here
October 4, 2026
Last entry
September 14, 2012
Policy at issue

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Official docket

Case timeline

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Docket entry

111869 McKinney v. Virginia Surgical Associates 09/14/2012 In a medical malpractice action which was converted to a wrongful death proceeding upon the death of the plaintiff, the cause of action was the defendant's alleged medical malpractice resulting in injury to the decedent, giving rise to two rights of action: (1) the decedent's right to bring an action for personal injury during his lifetime, which survived to be carried on by his personal representative after his death, and (2) the personal representative's right to bring an action for wrongful death. The circuit court erred in holding that the survival action was a different cause of action from the wrongful death action and that it…

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