A medical malpractice claim involving the death of Marie Banks at The University of Virginia Medical Center in Charlottesville

Marie Banks entered at the University of Virginia Medical Center (the hospital) on July 21, 2000. Throughout her time at the center, Banks used a ventilator to help her breathe during sleep. According to Debra Bates v. The Commonwealth of Virginia, "In the early morning hours of October 14, 2000, Banks, although on a ventilator, was found asystolic and unresponsive by hospital personnel. She suffered irreversible brain damage and, after being removed from a life support system, died in the hospital on October 21, 2000." 

Debra Bates, the administrator of the estate of Fannie Banks, mailed a notice of claim to the Attorney General of Virginia that "...asserted that the medical personnel at the hospital had been guilty of medical malpractice that proximately caused the brain damage and ultimate death of Banks" (Bates v. Commonwealth). Bates' claim contained allegations that the hospital personnel failed to place the ventilator properly in service, failed to observe the malfunction of the ventilator, or failed to observe that Banks was not receiving the proper amount of oxygen from the ventilator. The notice of claim stated that the "place of injury" occurred at The University of Virginia Health Sciences Center. 

The issue of the case to be resolved is whether Bates filed a notice of claim sufficient to comply with the requirements of code § 8.01-195.6 with regard to the identification of the "place" at which Banks' injury was alleged to have occurred. 

DEBRA BATES, ADMINISTRATOR OF THE ESTATE OF FANNIE MARIE BANKS, DECEASED v. THE COMMONWEALTH OF VIRGINIA