Supreme Court of Virginia November 9, 1990, Record 900423 (Snead v. Bendigo)

JUSTICE RUSSELL

delivered the opinion of the Court.

This appeal requires us to decide whether a judgment in favor of a physician in an action to collect fees operates as a collateral estoppel bar against a later malpractice action by the patient against the physician. We conclude that it does not.

The essential facts are undisputed.