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 Abandonment of Patient. For more information on medical negligence see the other pages on this site and in regards to medical malpractice see the pages on Wikipedia.

Abandonment of Patient-Cases

1999 Rosen v. Greifenberger, 257 Va. 373, 513 S.E.2d 861.

Plaintiff underwent abortion procedure. During procedure, doctor determined that pregnancy was more advanced than had been previously disclosed and was not able to complete procedure. Patient was sent home with medication with expectation by physician that follow-up would be by one of his partners. That evening, the physician left town without telling patient. Patient had been a patient of this medical group for some time and was experienced with all of physicians in the group. As such, there was no basis for abandonment of patient instruction. Giving of an erroneous instruction is not harmless. If issue is presented to jury, supreme court assumes that jury decided case based upon that issue and as such, verdict for plaintiff in this case must be reversed.

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

There was little evidence to support abandonment instruction but such was harmless error.

1977 Lyons v. Grether, 218 Va. 630, 239 S.E.2d 103.

Plaintiff blind woman made appointment with defendant for treatment of vaginal infection. She was evicted from defendant’s office because of presence of seeing eye dog. Plaintiff contended physician-patient relationship existed and defendant had unjustifiably withdrawn from her case.

1948 Vann v. Harden, 187 Va. 555, 47 S.E.2d 314.

Once physician has accepted employment in case, he cannot voluntarily abandon patient. Even if personal attention is no longer necessary, if case calls for it, doctor must furnish patient with instructions as to care.