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PROSISE v. FOSTER

Record No. 001074.

544 S.E.2d 331 (2001)

Florence A. PROSISE, Administrator of the Estate of Crystal Nicole Prosise, Deceased v. Robin FOSTER, M.D., et al.

Supreme Court of Virginia.

April 20, 2001.

Attorney(s) appearing for the Case

T. Bryan Byrne, Richmond, for appellant.

Anne G. Scher (John M. Fitzpatrick; Le-Clair, Ryan, Richmond, on brief), for appellees.

Present: CARRICO, C.J., LACY, HASSELL, KEENAN, KOONTZ, and LEMONS, JJ., and WHITING, Senior Justice.

LACY, Justice.

The issue in this case is whether an on-call attending physician for a teaching hospital owed a duty of care to a patient based upon a physician-patient relationship in the absence of direct contact with or consultation concerning the patient.

Dr. Robin L. Foster was the attending physician for the Medical College of Virginia Hospitals Pediatric Emergency Room (MCVPER) from noon on March 27 through 8:00 a.m. on March 28, 1994. She was physically...

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