Virginia: Medical Malpractice – a Lawyer’s Objection

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On April 5, 2018, the Virginia Supreme Court issued Williams v. Swenson, No. 170538.  It rejected a “continuing objection” to prospective closing argument references as “waived,” because counsel: (1) “was not clear as to whether it addressed argument concerning foreseeability pertaining to the standard of care or causation or both,” ; id. at 4, (2) failed “to renew the objection specifying how counsel’s remarks moved outside the scope of permissible argument,” id.; and (3) “failed to request relief  in the manner of a curative instruction or motion for mistrial”.  Id. at 5.  The Williams medical malpractice appear also rejected a disputed puffered jury instruction as an incorrect statement of law. Id. at 3.