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Lyons v. Grether
Virginia Supreme Court
239 S.E.2d 103 (1977)
Magnolia Lyons (plaintiff) made an appointment with Dr. Eugene Grether (defendant) to be treated for a vaginal infection. Lyons was blind, so she came to the appointment with her guide dog and four-year-old son as helpers. Grether refused to treat Lyons unless she removed the guide dog. For several reasons, Lyons would not agree to be separated from the dog. Grether then kicked Lyons and her son out of his medical office. Lyons was humiliated in front of the other patients and her son and did not find alternate medical care for two days. During those two days, the infection got worse, causing Lyons pain and suffering. Lyons sued Grether. Lyons claimed that she had a physician-patient relationship with Grether that created a duty for him to treat her and that Grether had breached this duty. Grether moved to dismiss the claim, arguing that the facts presented by Lyons were not enough to create a physician-patient relationship. The trial court agreed and dismissed the case. Lyons appealed.
Rule of Law
Holding and Reasoning (Poff, J.)
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