Lawhorne v. Harlan

The question presented here is whether the cloak of sovereign immunity protects the administrators and a surgical intern of the University of Virginia Hospital (hospital), an organ of the state, in an action for wrongful death brought by the personal representative of a former patient who is alleged to have died because of negligence in the diagnosis, treatment, and care of his injury.

Writs of error were sought to a ruling of the trial court sustaining pleas of immunity filed by the hospital, the administrators and the surgical intern. We refused a writ of error to this ruling as it applied *406to…