Atkinson v. Sachno

In this medical malpractice case, we consider whether the trial court properly held that a physician providing consultant services for an agency of the Commonwealth was not an independent contractor and was entitled to the protection of the doctrine of sovereign immunity from liability for his alleged acts of negligence.

BACKGROUND

The material facts are not in dispute. Dr. Roman Sachno, Jr., is a licensed physician specializing in internal medicine in a private practice in Staunton, Virginia. Since 1972, Dr. Sachno has contracted with Disability Determination Services (DDS), a division of the…