in Eiss v. Lillis, 233 Va. 545, 553, 357 S.E.2d 539, 543-44 (1987), the patient’s contributory negligence was not available as a defense because the patient’s conduct occurred before rather than contemporaneously with the doctor’s treatment. The court in Eiss noted that “[t]he law is not concerned with the existence of negligence in the abstract; the law is only concerned with negligence that is the proximate cause of the injury complained of by the plaintiff.” Eiss, 233 Va. at 553, 357 S.E.2d at 543. Similarly, in jurisdictions that look to comparative fault rather than contributory negligence, many have held that a patient’s conduct prior to treatment should not be considered for comparative fault purposes. See, e.g., Mercer v. Vanderbilt Univ., Inc., 134 S.W.3d 121, 125 (Tenn.2003) (<HOLDING>); Whitehead v. Linkous, 404 So.2d 377, 379
holding that the medical review panel is authorized to review the medical records and other submitted material pertaining to each defendants treatment of a patient and that while a medical malpractice plaintiff must as a prerequisite to filing suit present the  proposed complaint for review and expert opinion by a medical review panel there is no requirement for such plaintiff to fully explicate and provide the particulars or legal contentions regarding the claim holding that conduct by the plaintiff contributing to his illness or medical condition and furnishing the occasion for medical treatment is not a defense to medical malpractice where a doctor negligently treated a man who had attempted to commit suicide holding that a successful plaintiff in a legal malpractice action may recover initial fees a plaintiff pays or agrees to pay an attorney for legal services that were negligently performed and corrective fees incurred by the plaintiff for work performed to correct the problem caused by the negligent lawyer but not litigation fees which are legal fees paid by the plaintiff to prosecute the malpractice action against the offending lawyer holding that doctor who was contacted by patients treating physician to discuss treatment alternatives does not owe duty of care to patient whose case is discussed such as would support medical malpractice claim holding that fault may not be assessed against a patient in a medical malpractice action in which a patients negligent conduct provides only the occasion for the medical attention care or treatment which is the basis for the action where the defendant doctor was treating the plaintiff patient for injuries sustained in a car accident negligently caused by the plaintiff who was driving while intoxicated