Tort Law

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 Hospitals and the related topic of medical malpractice.. For more information on medical malpractice see the pages on Wikipedia.

Hospitals-Statutes

See Va. Code § 8.01-38 on liability of hospitals.

Hospitals-Cases

2005 Sanchez v. Medicorp Health Sys., 270 Va. 299, 618 S.E.2d 331.

Plaintiff alleged that hospital was vicariously liable on an apparent agency theory for conduct of emergency room physician who was an independent contractor. Supreme court expressly rejects that theory in this context.

1992 Smith v. Richmond Mem. Hosp., 243 Va. 445, 416 S.E.2d 689.

Claim of “patient dumping” under COBRA. Supreme Court determined that cause of action was under COBRA and not under common law medical malpractice and that state notice requirement not applicable.

1977 Purcell v. Mary Washington Hosp., 217 Va. 776, 232 S.E.2d 902.

Hospital charter lacks any limitations of charitable character. Prices are set at certain amount above “break-even” point operated at profit or gain for 20 of 21 years; pursues aggressive and vigorous effort to collect for its service. Error to sustain plea of charitable immunity.

1967 Moore v. Jefferson Hosp., 208 Va. 438, 158 S.E.2d 124.

Defendant, who was in charge of operating room, refused to admit plaintiff and his physician to operating room. Cause of action for intentional infliction of emotional distress.

1962 Khoury v. Community Mem. Hosp., 203 Va. 236, 123 S.E.2d 533.

When hospital, in its sound discretion, decides to deny privileges to doctor, courts are without authority to nullify such by injunction.

1949 Jefferson Hosp. v. Van Lear, 186 Va. 74, 41 S.E.2d 441.

Standard of care of private hospital is such reasonable care and attention for patient safety as their mental and physical attention may require. Here, plaintiff alleged he called nurse, she failed to respond; plaintiff then got out of bed to relieve self and fell. Verdict for plaintiff.