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Assault-Medical Malpractice Cases Summarized

This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Assault-Medical Malpractice.  For more information on assault-medical malpractice issues see the page on Wikipedia

Assault-Medical Malpractice: Cases

2006 Alcoy v. Valley Nursing Homes, Inc., 272 Va. 37, 630 S.E.2d 301.

Assault-medical malpractice:Claims for negligence and sexual assault and battery based on failure of nursing home personnel to ensure resident’s safety are not subject to the Medical Malpractice Act because such claims are not based on healthcare or professional services.

1990 Woodbury v. Courtney, 239 Va. 651, 391 S.E.2d 293.

Plaintiff signed consent form authorizing biopsy. Defendant performed partial mastectomy. Defense evidence was that these two terms are synonymous. A factual issue still exists as to extent of permission plaintiff granted to defendant. If defendant exceeded scope of permission, he committed battery.

1990 Hagan v. Antonio, 240 Va. 347, 397 S.E.2d 810.

Alleged sexual assault during course of physical examination does constitute malpractice as that term is defined in statute and as such, notice must be given.

1980 Pugsley v. Privette, 220 Va. 892, 263 S.E.2d 69.

Rude or insolent touching of another is battery. Action may be maintained against surgeon who performs operation without consent.