Paul S. James v. John A. Jane, M.D. and Hans O. Riddervold, M.D.; David L. Lawrence v. Michael W. Hakala, Jr., M.D.

Summary

The court held that full-time physicians employed by the University of Virginia are not protected by sovereign immunity from personal-liability claims alleging negligent treatment of patients at the University Hospital. Although the University and its Medical Center are state agencies, the physician-patient relationship is personal and confidential, and negligent treatment violates the physicians' professional duty and takes them outside the protection of their employment. The court reversed the orders sustaining the defendants' pleas of immunity and remanded the cases. COCHRAN, J., concurring, agreed with the result but would have expressly overruled the prior decision preserving immunity for certain hospital employees.