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Virginia: Medical Malpractice – A Lawyer’s Causation

Virginia: Medical Malpractice – A Lawyer’s Causation

On February 13, 2020, the Virginia Supreme Court issued Tahboub v. Thiagarajah, No. 190019, reversing and remanding for new trial the dismissal of a medical malpractice claim for wrongful death. It held that Plaintiff’s medical experts sufficiently established a standard of care breach, what should have been done to comply with standard of care, and that the Defendant doctor’s tortious conduct “deprived the decedent of a substantial possibility of survival”. Hence Tahboub found a prima facie showing of proximate cause.