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EISS v. LILLIS

Record No. 840608.

357 S.E.2d 539 (1987)

Elynn EISS, Executrix of the Estate of Allen Eiss, Deceased, v. Frederick P. LILLIS, M.D.

Supreme Court of Virginia.

June 12, 1987.

Attorney(s) appearing for the Case

Thomas P. Mains, Jr., Alexandria, for appellant.

Joseph J. Perez (R. Harrison Pledger, Jr., McLean, on brief), for appellee.

Present: CARRICO, C.J., POFF, COMPTON, STEPHENSON, RUSSELL, and THOMAS, JJ., and COCHRAN, Retired Justice.

THOMAS, Justice.

This is a medical malpractice action in which plaintiff's decedent, Allen Eiss (Eiss or decedent) died from intercranial bleeding which resulted from an overdose of the "blood thinning" drug Coumadin. The defendant, Dr. Frederick P. Lillis, contended that the decedent was contributorially negligent because he took aspirin while taking Coumadin. The central issue is whether the trial court erred in permitting the jury to consider the question of the...

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