LEE BY LEE v. BOURGEOIS

Record No. 952317.

477 S.E.2d 495 (1996)

252 Va. 328

Trinica Ann LEE, An Infant, Who Sues By Eartha K. LEE, Her Mother And Next Friend v. F. John BOURGEOIS, M.D.

Supreme Court of Virginia.

November 1, 1996.


Attorney(s) appearing for the Case

Thomas W. Williamson, Jr., Richmond (Williamson & Lavecchia, on briefs), for appellant.

Michael P. Curreri, Richmond (Linda B. Georgiadis; Joseph P. Callahan; Wright, Robinson, McCammon, Osthimer & Tatum, on brief), for appellee.

Amicus Curiae: Insurance Environmental Litigation Association (Laura A. Foggan; Daniel E. Troy; William A. McGrath; William E. Smith, Washington, DC, on brief), in support of appellant.

Amicus Curiae: The Center for Children and Families, Inc., The Fresh Air Fund and United Policyholders (Irene C. Warshauer; Joan L. Lewis; Todd D. Robichaud; Robert L. Carter, New York City; Anderson, Kill & Olick; McKenna & Cuneo, on brief), in support of appellees Michael Baecher and John J. Baecher, etc.

Amicus Curiae: Federal Home Loan Mortgage Corporation (John C. Morland; Howard S. Lindenberg, McLean, on brief), in support of appellees.

Present: All the Justices.


LACY, Justice.

In this case we consider whether an attending physician employed by the state is entitled to sovereign immunity for alleged acts of simple negligence.

Eartha K. Lee was admitted to the high risk pregnancy service at the University of Virginia Hospital (University Hospital) on September 23, 1985, when she was approximately 28 weeks pregnant. Dr. Siva Thiagarajah, Lee's attending physician, prescribed a management plan for her medical treatment...

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