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 Injury Aggravated by Malpractice.  For more information on medical malpractice see the pages on Wikipedia.

Injury Aggravated by Malpractice-Statutes

See Va. Code § 65.2-605 stating that employer in a workmen’s compensation case shall not be liable for malpractice of physician furnished by employer, but injury resulting from malpractice shall be deemed part of original injury.

Injury Aggravated by Malpractice-Cases

1978 Strickland v. Dunn, 219 Va. 76, 244 S.E.2d 764.

Injury aggravated by malpractice.Plaintiff alleged wrongful commitment and subsequent negligence of physician. Plaintiff joined all defendants in single motion for judgment, and, therefore, cannot later contend that they committed separate and distinct torts.

1974 Washington v. Williams, 215 Va. 353, 210 S.E.2d 154.

Injury aggravated by malpractice.Plaintiff initially injured in automobile accident. Preparatory to removal of wiring on her jaw, defendant physician injected preoperative medication into plaintiff’s left arm. Later, left hand became gangrenous and forearm was amputated. (1) If negligence of treating physician results in mere aggravation of injury, release of original tortfeasor operates to release physician. (2) If negligence results in separate and distinct injury, such release does not operate to release physician, unless injured party has received full satisfaction or has agreed to accept certain amount as full satisfaction. Questions of fact whether mere aggravation, separate and distinct injury and/or full satisfaction for jury; question of law for court, only if reasonable minds could not differ.

1971 Powell v. Troland, 212 Va. 205, 183 S.E.2d 184.

Plaintiff sued original tortfeasor and jury instructed that plaintiff should be compensated for aggravation by physician. Plaintiff recovered and then sued physician. This later action is barred because plaintiff has been fully compensated. Settlement with original tortfeasor operates as release of negligent physician.

1951 Fauver v. Bell, 192 Va. 518, 65 S.E.2d 575.

Where one receives personal injury due to negligence of another and exercises due care in selection of physician, and injury is aggravated by malpractice of physician, person causing original injury is liable for resulting damage.

1948 Corbett v. Clarke, 187 Va. 222, 46 S.E.2d 327.

If injured person uses ordinary care in choosing doctor, then aggravation caused by negligence of doctor flows from original injury.