21 Mar Virginia: Medical Malpractice – a Lawyer’s Deadman
On March 16, 2017, Richmond Circuit Court entered a pre-trial Order, granting Plaintiff’s Motion in Limine and excluding 4 statements of testimony by the Defendant doctor in the medical malpractice case of Sexton v. Bowser, No. CL 14-5484. Dr. Bowser’s uncorroborated testimony violated Va. Code §8.01-397, the “deadman’s statute” as a matter of fact and law. Id. at 4.
The Sexton wrongful death case rejected Dr. Bowser’s request for the Court to delay and rule during trial, observing that the “sufficiency of corroborating evidence” the doctor claimed did not present a genuine question for the jury. Id. at 3. Sexton emphasized: “When a confidential relationship exists between the parties, such as the relationship between a physician and patient, a higher degree of corroboration is required to satisfy the dead man’s statute.” Id. at 3 (underlining added).