Chapman v. Edgerton

MEMORANDUM OPINION

MICHAEL, District Judge.

This diversity action is presently before the court for determination of the standard of care applicable to the defendant in this case, a Board certified specialist in plastic surgery. On numerous occasions the standard of care in a medical malpractice action has been held to be a matter of substantive law, Morgan v. Schlanger, 374 F.2d 235 (4th Cir. 1967), and thus, under the doctrine expressed in Erie Railroad Company v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188 (1938), this court is bound to apply the law of the Commonwealth of Virginia.

The…