United States Fourth Circuit

IODICE v. US, 01-1640, 01-1651, 01-1654

Read IODICE v. US, 01-1640, 01-1651, 01-1654
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Department of Veterans Affairs and its employees could not be found negligent in dispensing narcotics to patient later involved in car accident, where plaintiffs fail to allege that the employees knew or should have known that patient was intoxicated and would shortly be driving; unrelated third party victims of a patient cannot sue the patient's health care providers for medical malpractice.

Appellate Information

Argued 02/27/2002
Decided 05/02/2002
Published 05/02/2002

Judges

Before WILKINS, MICHAEL, and MOTZ, Circuit Judges.

Court

United States Fourth Circuit

Counsel

For Appellees:
ARGUED: David D. Daggett, Lewis & Daggett, Winston-Salem, North Carolina; Robert Mauldin Elliot, Elliot, Pishko, Gelbin & Morgan, P.A., Winston-Salem, North Carolina, for Plaintiffs-Appellants. Gill Paul Beck, Assistant United States Attorney, Greensboro, North Carolina, for Defendants-Appellees. ON BRIEF:Rodney A. Guthrie, Bennett & Guthrie, P.L.L.C., Winston-Salem, North Carolina, for Plaintiffs-Appellants. Benjamin H. White, Jr., United States Attorney, Greensboro, North Carolina, for Defendants-Appellees.