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Wrongful death cases potentially present a unique evidentiary exclusion issue at trial.  Uncorroborated evidence basically is inadmissible against the deceased or his representative. Virginia’s Deadman’s Statute, Va. Code §8.01-397, is entitled: “Corroboration required and evidence receivable when one party incapable of testifying” (emphasis original). §8.01-397 mandates:...

On January 22, 2018, Virginia Lawyers Weekly headlined Mr. Waterman’s case: “Plaintiff gets nursing home training materials”.  Id. at 2.  The article is sub-headed: “A Gloucester County judge has allowed a medical malpractice plaintiff to examine health care training materials over the objection of a...

Medical malpractice Defendants are wont to interpose the alleged intervening negligence of another healthcare provider.  To be a causation defense, however, the intervening negligence also prove to be the superseding cause – a rare circumstance.                         “In order to relieve a defendant of liability for his...