Monahan v. Obici Medical Management Services, Inc.
Virginia Supreme Court
628 S.E.2d 330 (2006)
- Written by Salina Kennedy, JD
Facts
Lawrence Monahan (plaintiff) did not feel well and sought a medical evaluation from Wakefield Medical Center (Wakefield) (defendant), a doctor’s office owned by Obici Medical Management Services, Inc. (Obici) (defendant). Carrie Wiggins, a physician’s assistant, determined that Monahan’s blood pressure was 200 over 95 and diagnosed him as having a hypertensive crisis. Wiggins initially told Monahan to go to the emergency room. However, after Monahan told Wiggins he would rather wait for his wife to take him home, Wiggins gave him the option to either go to the emergency room or wait for his wife. Monahan chose to wait for his wife, who took him home. Monahan’s condition later worsened, and his wife took him to the hospital, where he was diagnosed as having suffered a stroke. Monahan sued, seeking $1.6 million in damages because Wakefield had failed to diagnose his stroke. The trial judge, at Obici’s request, instructed the jury that Monahan had a duty to minimize his damages and that he should not recover damages caused by failing to exercise this duty. The jury found for Monahan but awarded only $215,000 in damages. Monahan appealed.
Rule of Law
Issue
Holding and Reasoning (Agee, J.)
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