eNotes: Liability – June 2024 – Virginia

SIGNIFICANT CASE SUMMARIES

Virginia Case Summary

Carter v. Wake Forest Univ. Baptist Med. Ctr.
Virginia Supreme Court
2023 Va. LEXIS 36

Decided: May 9, 2024

Supreme Court of Virginia rules emails, text messages and telephone calls constitute “transaction business,” but do not constitute purposeful availment for personal jurisdiction.

Background

Mr. Carter, a resident of Martinsville, Virginia, was being treated by his primary care doctor for a developing rash in Martinsville. The primary care physician referred Mr. Carter to a specialist at Wake Forest Baptist Medical Center in Winston-Salem, North Carolina. Mr. Carter made many trips and visits to Wake Forest and tried many different treatments for his rash. While some treatments worked, other treatments caused worsening of the problem, and Mr. Carter sought treatment at the hospital in Martinsville for other medical issues. Each time Mr. Carter went into the hospital, his daughter would update the Doctors at Wake Forest via their patient portal. The Doctors would respond and give their evaluation and specific instructions regarding the skin rash.

In late January 2017, Mr. Carter was admitted to the hospital in Martinsville and his daughter updated the Wake Forest Doctors, who requested the Martinsville Doctors perform a skin biopsy. The Doctors at Martinsville stated they could not do so, because the dermatology team could not see Mr. Carter until March. Mr. Carter scheduled a follow up with the Wake Forest Doctors for a biopsy of the skin rash. In late February, Mr. Carter made the trip to Wake Forest to have the biopsy performed and skin cancer was identified. The Wake Forest Doctors continued to meet with Mr. Carter throughout March for further testing and to develop a treatment plan. Mr. Carter passed away in April 2017. Mr. Carter’s daughter, as executor of his estate, filed an action against Wake Forest and 4 of the Doctors who treated Mr. Carter.

Holding

Plaintiff argues Wake Forest purposefully availed itself of the privilege of conducting activities in Virginia by deliberately reaching into the Commonwealth to provide virtual care. She contends Defendant knew Mr. Carter was a resident of Virginia and communicated new medical advice, opinions and treatments through text messages, phone calls, and emails. Wake Forest argues that it did not purposefully avail itself of doing business in Virigina and that its routine follow-up of Decedent was ethically required. The Court agreed with Wake Forest. All communications between Mr. Carter and Wake Forest were initiated by him. Wake Forest had no control over Mr. Carter’s location when the communications occurred. “A mere reaction or response to a message or telephone call, without more, is not purposeful availment.” “The communications between Mr. Carter and Wake Forest are mostly characterized as isolated . . . and are insufficient to give rise to jurisdiction.”

Questions about this case can be directed to Sean Pico at (804) 566-3569 or spico@tthlaw.com.