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Virginia: Medical Malpractice – A Lawyer’s Administrator

Virginia: Medical Malpractice – A Lawyer’s Administrator

On August 30, 2019, the Virginia Supreme Court held the trial court “erred in removing the scope-of-employment issue from the jury” based on Plea in Bar in the medical malpractice case of Our Lady of Peace, Inc. v. Morgan, No. 180376 at 20. It also was error to exclude a 30-year licensed nursing-home administrator under the “active clinical practice” rule of Va. Code §8.01-581.20(A), who was offered “as an expert in standard of care for skilled nursing facilities in relation to employment issues and dealing with staff care issues and training” concerning a nursing assistant. Id. at 7. Additionally, admission of expert SOC testimony on a matter of juror common knowledge was harmless error. Id. at 18-20.