Teh Len Chu v. Fairfax Emergency Medical Associates, Ltd.

On January 10, 1977, Wing C. Chu, a youth of sixteen, died in the emergency room at Fairfax Hospital of an aspirin overdose. His father and administrator, Teh Len Chu, brought this medical malpractice action against Fairfax Hospital Association and Fairfax Emergency Medical Associates, Ltd., for damages allegedly resulting from Wing’s death.

In a jury trial, at the request of the defendants, the trial court granted Instruction J, which reads:

The Court instructs the jury that if an Emergency Room physician in making his diagnosis and in rendering treatment brings to his patient that degree of…