30 Apr Virginia: Medical Malpractice – a Lawyer’s ACP
On March 28, 2019, by unpublished Order, the Virginia Supreme Court reversed as an “abuse of discretion” Prince William County Circuit Court imposing a $5,000.00 sanction against Plaintiff medical malpractice counsel for supposedly improper expert identification. Id. at 3. “[T]he question of whether an active clinical practice [‘ACP’] is in a related field of medicine is a question of fact [not of law, and] the proper focus is on the medical procedure at issue and whether the proffered witness performed that procedure.” Id. at 2. Significantly, moreover, the erroneous judge “heard no evidence regarding the specific medical procedure at issue . . ., the nature of the [expert’s] practice, or whether he had performed that procedure at issue at some point.” Id. This important case is Blazer v. About Women, OBGYN, P.C., No. 180476.