2.2 Standards of Liability

• Library: Medical Malpractice Law in Virginia (Virginia CLE) (2017 Ed.)

2.2 STANDARDS OF LIABILITY

Generally, whether one sues on a theory of infliction of emotional distress, lack of informed consent, or failure to diagnose, the gravamen of medical malpractice is negligence. The exception to this general rule is when a claim is based on breach of contract. If a physician accepts a duty that is not imposed by the standard of care, a breach of that duty with resulting harm would give rise to a claim for breach of contract. ⁸ Absent a special promise triggering a contract right of action, the method of establishing liability, once a matter of common law, has now been codified. ⁹ Health care providers are held to the standard of the reasonably...