This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Violent Patient. For more information about medical negligence see the pages on this site and for medical malpractice see the pages on Wikipedia
Violent Patient-Cases
2001 Molchon v. Tyler, 262 Va. 175, 546 S.E.2d 691.
Medical malpractice action against a psychiatrist. Patient may not recover for injury received as result of another’s negligence if plaintiff was voluntarily involved in illegal act at time injury occurred. In this instance, even if psychiatric patient’s voluntary intoxication was not defense to his illegal act of suicide, defense of illegality did not bar recovery in wrongful death action against psychiatrist since there was considerable evidence supporting conclusion that for reasons unrelated to his intoxication, patient was of unsound mind at time of his suicide, including psychiatrist’s own diagnosis of patient. Defense of illegality will not bar recovery in negligence act if the illegal act in question is the victim’s suicide and suicide was result of victim being of unsound mind at time of his death. Evidence in this case showed that psychiatrist was acutely aware of patient’s suicidal tendencies and the likelihood that he would suffer a relapse if he was not properly supervised upon his discharge.
1995 Nasser v. Parker, 249 Va. 172, 455 S.E.2d 502.
Violent patient. Demurrer properly sustained in case of wrongful death resulting from failure of psychiatrist and hospital to warn victim of release from hospital of former boyfriend who had threatened to kill her. No special relationship established and therefore no duty.
1990 Commercial Distribs. v. Blankenship, 240 Va. 382, 397 S.E.2d 840.
Although issue of proximate cause is generally matter for determination by jury, jury cannot infer it from vacuum. In this action brought on behalf of decedent who was resident of licensed home for adults who left premises and died by suicide, plaintiff simply failed to meet burden of establishing causal connection between defendant’s alleged negligence and injury of which plaintiff complained.
1963 Roanoke Hosp. Ass’n v. Hayes, 204 Va. 703, 133 S.E.2d 559.
Violent patient with violent tendencies allowed to remain in open ward; not malpractice case and no professional or expert testimony was required.
