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ORAEE v. BREEDING

Record No. 050206.

621 S.E.2d 48 (2005)

270 Va. 488

Samad ORAEE, M.D., et al. v. Harlis C. BREEDING, Jr., Executor of the Estate of Sherry E. Breeding, Deceased

Supreme Court of Virginia.

November 4, 2005.

Attorney(s) appearing for the Case

Joyce A.N. Massey (Tara M. McCarthy; William D. Cremins; McCarthy, Massey & Mitchell; Cremins, Gentile & Markley, Fairfax, on briefs), for appellants.

William E. Artz, Rosslyn, for appellee.

Present: All the Justices.

OPINION BY Justice CYNTHIA D. KINSER.

In this appeal, we revisit the scope of immunity from civil liability afforded a physician under Code § 8.01-581.18(B) and our decision in Auer v. Miller, 270 Va. 172, 613 S.E.2d 421 (2005). We conclude that the immunity applies only when a physician fails to review, or take action in response to the receipt of, a report containing the results of a...

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