LAWRENCE v. WIRTH

Record No. 810149.

309 S.E.2d 315 (1983)

Chrystal M. LAWRENCE v. John C. WIRTH, Jr.

Supreme Court of Virginia.

December 2, 1983.


Attorney(s) appearing for the Case

John C. Shea, Hopewell (C. Hardaway Marks, W. Park Lemmond, Jr., Marks, Stokes & Harrison, Hopewell, on brief), for appellant.

R. Carter Scott, Richmond (John M. Claytor, Browder, Russell, Morris & Butcher, Richmond, on brief), for appellee.

Before CARRICO, C.J., and COCHRAN POFF, COMPTON, STEPHENSON, RUSSELL and THOMAS, JJ.


STEPHENSON, Justice.

In this medical malpractice action, the sole question on appeal is whether the trial court erred in granting a jury instruction on contributory negligence. The plaintiff, Chrystal M. Lawrence, alleged she sustained injuries and other damages as a result of the defendant's negligent diagnosis and treatment of a malignant tumor in her left breast. The defendant, John C. Wirth, Jr., a general surgeon, denied he was negligent and asserted that Lawrence...

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