Prosise v. Foster

The issue in this case is whether an on-call attending physician for a teaching hospital owed a duty of care to a patient based upon a physician-patient relationship in the absence of direct contact with or consultation concerning the patient.

Dr. Robin L. Foster was the attending physician for the Medical College of Virginia Hospitals Pediatric Emergency Room (MCVPER) from noon on March 27 through 8:00 a.m. on March 28, 1994. She was physically present at the MCVPER until 5:00 p.m., March 27, and was “on call” from then until 8:00 a.m. on March 28. As an on-call attending physician, Dr.…