Parker v. Carilion ClinicAnnotate this Case
The Supreme Court affirmed in part, reversed in part, and remanded the decision of the circuit court granting the demurrers filed by Carilion Clinic and Carilion Healthcare Corporation (collectively, Carilion) and dismissing all of Lindsey Parker’s claims against it, including both vicarious and direct liability claims, holding that the circuit court correctly dismissed the direct liability claims but erred in dismissing the vicarious liability claim on demurrer.
Parker sued Carilion and two Carilion employees, alleging that they had disclosed her confidential medical information to others. Parker served process on Carilion but did not serve either employee. The circuit court sustained Carilion’s demurrers. The Supreme Court held (1) Parker’s notice of appeal was timely; (2) the circuit court erred in granting the demurrer to the extent that it dismissed Parker’s respondent superior claim against Carilion; and (3) the circuit court properly found that Carilion was not directly liable under Fairfax Hospital v. Curtis, 254 Va. 437, 442 (1997) or under the doctrine of negligence per se.