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PERGOLIZZI v. BOWMAN

Record No. 0072-22-4.

882 S.E.2d 1 (2022)

76 Va. App. 310

Richard S. PERGOLIZZI, Jr., M.D. v. Ramona BOWMAN.

Court of Appeals of Virginia, Arlington.

December 29, 2022.

Attorney(s) appearing for the Case

Paul T. Walkinshaw ( Christine A. Bondi ; Wharton, Levin, Ehrmantraut & Klein, on briefs), for appellant.

E. Kyle McNew ( Michael J. Shevlin ; MichieHamlett; Shevlin Smith , on brief), Charlottesville, for appellee.

Present: Judges Huff, Raphael and Lorish.

This case presents two matters of first impression in Virginia medical malpractice law. First, can a claim that a physician proceeded without informed consent rest on that physician's failure to inform the patient that the physician may have misdiagnosed them, rendering other alternative treatments more appropriate...

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