Supreme Court Of
In Auer, the court held that a physician who is charged with negligence in failing to review, or take action upon, a medical report that that doctor did not request or authorize, is immune from liability.
Today the court ruled that the immunity only applies where the test was ordered by a non-physician. In so ruling, the court affirms the trial court’s denial of immunity, and
explicitly declares the earlier ruling to be “a mistake.”
Another case of interest is Alliance to Save the Mattaponi v. State Water Control Board , in which the court ruled that the Mattaponi Indian tribe cannot make claims against the state or the State Water Control Board. However, the court did not completely close the door, saying the
About L. Steven Emmert
Appellate lawyer L. Steven Emmert of Virginia Beach authors the Web site “Virginia Appellate News & Analysis” at https://www.virginia-appeals.com/ . He is available to the media as an Expert Resource for comment, analysis, and help wading through the legalese of the rulings at (757) 965-5000. Emmert is also Chairman of the Appellate Practice Subcommittee for the Virginia State Bar’s Litigation Section.
L. Steven Emmert contact
mailto:firstname.lastname@example.org , (757) 965-5000