02 Mar Virginia: Medical Malpractice – a Lawyer’s Causation
On February 22, 2018, the Virginia Supreme Court reiterated in Dixon v. Sublett, No. 170350, that a medical malpractice plaintiff “must establish not only that the defendant violated the applicable standard of care, and was therefore negligent, he must also sustain the burden of showing that the negligent act constituted a proximate cause of the injury or death.” Id. at 7. However, plaintiff in Dixon “failed to present any expert testimony on whether her outcome would have been any different” had the standard of care breach not occurred. Id.