Virginia: Medical Malpractice – A Lawyer’s Instruction

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On October 12, 2016, the Virginia Supreme Court refused the Defendant’s Petition for Appeal for denial of Virginia Model Jury Instruction 35. 040 [“Unsuccessful Outcome Is Not Proof of Negligence”] in the medical malpractice case of OrthoVirginia F/K/A West End Orthopaedic Clinic v. Jurewicz, Record No. 160703. In 2016, Judge Hughes of Richmond Circuit Court had rejected that VMJI 35040 on the ground that it was cumulative and argumentative, which followed Judge Markow in Richmond having ruled similarly in 2015.

In the underlying trial in Jurewicz v. OrthoVirginia, the jury verdict was for Plaintiff and awarded $500,000.00 damages, plus pre-judgment interest. The victim patient ultimately realized a complete recovery after substantial follow-up treatment, including surgical revision of the medical malpractice injury.