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Diagnosis Cases Summarized By Medical Malpractice Lawyer

The cases below are from the Virginia Supreme Court and summarized by Brien Roche and deal with the subject of diagnosis of medical conditions and the related topic of medical malpractice.For more information on medical malpractice see the pages on Wikipedia.


See Virginia Code § 8.01-243 as to limitation for misdiagnosis of malignancy or cancer.


2000 Powell v. Margileth, 259 Va. 244, 524 S.E.2d 434.

In this cancer misdiagnosis case, plaintiff presented evidence that chance of survival upon timely diagnosis for five years would have been 75% but was 15-20% six months later when diagnosis was made. This was sufficient to create jury issue as to proximate cause.

1996 Jenkins v. Payne, 251 Va. 122, 465 S.E.2d 795.

Medical malpractice action where two doctors were subject to same standard of care and both failed to provide proper diagnosis cancer. Non-settling defendant sought to offer evidence that settling physician was negligent in his treatment of decedent. That was irrelevant and properly excluded since reasonable persons could not conclude from evidence that non-settling defendant’s negligence alone caused death.

1994 Griffett v. Ryan, 247 Va. 465, 443 S.E.2d 149.

Plaintiff’s evidence indicated that defendant’s negligence destroyed any substantial possibility of decedent’s survival. This created jury issue as to proximate cause.

1982 Naccash v. Burger, 223 Va. 406, 290 S.E.2d 825.

“Wrongful birth” action. Parents awarded damages for emotional distress where negligence in blood testing had made them unaware of genetic disorder in fetus. Parents might have sought abortion if they had been advised of disorder.

1979 Farley v. Goode, 219 Va. 969, 252 S.E.2d 594.

Dental malpractice case for alleged failure to promptly diagnose periodontal disease. “Continuous treatment” rule discussed.

1979 Ives v. Redford, 219 Va. 838, 252 S.E.2d 315.

Malpractice case against gynecologist for alleged negligence in failing to diagnose breast cancer and in prescribing contraindicated medication.

1979 Noll v. Rahal, 219 Va. 795, 250 S.E.2d 741.

Alleged negligent failure to properly diagnose and treat Rocky Mountain spotted fever which caused death of child. Misdiagnosed as measles. Summary judgment entered for defendant: affirmed.

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Diagnosis Cases Summarized By Medical Malpractice Lawyer

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