Allison v. Brown

PRESENT: All the Justices DAVID W. ALLISON, ET AL. OPINION BY v. Record No. 160314 JUSTICE STEPHEN R. McCULLOUGH July 27, 2017 DEBORAH BROWN FROM THE CIRCUIT COURT OF FAIRFAX COUNTY Robert J. Smith, Judge We consider in this medical malpractice appeal whether the plaintiff pled a claim for battery in her complaint and whether the trial court erred in instructing the jury on battery and informed consent and in denying a motion to strike that claim. For the reasons explained below, we reverse and remand the case for a new trial. BACKGROUND I. FACTUAL BACKGROUND Deborah Brown is a breast cancer…