Emergency Physicians of Tidewater v. Hanger

Syllabus

04/04/2024 In a medical malpractice case in which plaintiff alleged that the healthcare defendants negligently failed to treat her low blood sodium – causing a seizure, resulting in a traumatic brain injury from a fall – the defendants did not waive their right to appeal the question that the fall could have been caused by other factors, and that the defendants should have been granted a proffered jury instruction supporting their theory of the case. The judgment of the Court of Appeal is reversed, and this matter is remanded to the Court of Appeals for entry of a mandate to the trial court consistent with the opinion herein.