Virginia: Medical Malpractice – A Lawyer’s Experts

Virginia: Medical Malpractice – A Lawyer’s Experts

By Order entered on January 17, 2017, in the medical malpractice case of Locasio v. Raley, No. 2013-1356, Stafford County Circuit Court denied Defendants’ Motion to Strike New Allegations Raised in Plaintiff’s Designation of Expert Witness and Motion in Limine. Despite the specific opinions of the expert designation not being in the Complaint, the Complaint sufficed for “notice pleading” under Va. S. Ct. Rule 1:4 (d) and for “general negligence pleading” under Va. S. Ct. Rule 3:18 (b). Locasio follows the Virginia Supreme Court’s unpublished Order to the same effect in Kraina v. Carman, Record No. 071718 (Va. Sup. Ct. Feb. 18, 2008) cited by Mr. Waterman.