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State court of last resort · ST-VA-SC
Castle v. Lester
No. 052679Supreme Court of Virginia
052679 Castle v. Lester 11/03/2006 In a medical-malpractice claim arising from the birth of a neurologically impaired child, the defendant doctor's argument for overruling prior settled law is rejected. Thus t…
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052679 Castle v. Lester 11/03/2006 In a medical-malpractice claim arising from the birth of a neurologically impaired child, the …
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- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- November 3, 2006
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052679 Castle v. Lester 11/03/2006 In a medical-malpractice claim arising from the birth of a neurologically impaired child, the defendant doctor's argument for overruling prior settled law is rejected. Thus the trial court did not err in instructing the jury that injury to an unborn child is physical injury to the mother, or in admitting evidence on the mother's claim for damages for mental suffering due to the birth of her impaired son, including the nature of the child's injuries, his daily care needs and life expectancy, as well as the mother's depression and loss of income. Denial of a mistrial after inadvertent improper testimony was not an abuse of discretion. The judgment is affirme…
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