Hagan v. Antonio

In this appeal, we consider whether alleged improper sexual conduct by a physician during his examination of a patient was “based on health care or professional services rendered,” within the meaning of the Virginia Medical Malpractice Act (the Act), thus obligating the patient to give a notice of claim under the Act prior to instituting a common-law action for damages against the physician.

On July 28, 1989, appellant Karyn M. Hagan brought this action against appellee Rodolfo (or Rudolfo) Antonio, M.D., and others, for damages allegedly occurring during a physical examination conducted by…