Legal Opinion
McDonald v. HAMPTON TRAINING SCHOOL
Supreme Court of Virginia
Decided June 6, 1997No. Record 961831PublishedCited by 27 opinions
1Opinion of the CourtJustice Lacy
In this appeal in a medical malpractice case, we consider whether the trial court properly held that, because a physician exercised independent medical judgment in performing his duties, he was an independent contractor as a matter of law.
The plaintiff, James J. McDonald, sued Hampton Training School for Nurses, d/b/a Sentara Hampton General Hospital'(the Hospital) alleging that Richard F. Clark, M.D., a pathologist at the Hospital, negligently interpreted McDonald’s pathology specimens and failed to timely diagnose cancer. McDonald did not allege any independent acts of negligence by the…
2Cases cited23 opinions
- Schloendorff v. Society of the New York HospitalNew York Court of Appeals · 1914
- Bing v. ThunigNew York Court of Appeals · 1957
- Messina v. BurdenSupreme Court of Virginia · 1984
- Weston's Administratrix v. Hospital of St. VincentSupreme Court of Virginia · 1921
- John G. Robb v. United StatesCourt of Appeals for the Fourth Circuit · 1996
18 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Shaffer v. Acme Limestone Co., Inc.West Virginia Supreme Court · 1999
- Patricia Franza v. Royal Caribbean Cruises, Ltd.Court of Appeals for the Eleventh Circuit · 2014
- Sanchez v. Medicorp Health SystemSupreme Court of Virginia · 2005
- Atkinson v. SachnoSupreme Court of Virginia · 2001
- In re Fedex Ground Package System, Inc.District Court, N.D. Indiana · 2008
22 more not listed; retrieve them via the Exa API.