Virginia: Medical Malpractice – a Lawyer’s Pediatrician

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            On February 22, 2018, the Virginia Supreme Court issued Holt v. Chalmeta, No. 161230, reversing and remanding grant of summary judgment in a medical malpractice case involving brain injury allegedly caused by the newborn’s pediatrician.  “[T] circuit court abused its discretion in refusing to qualify [plaintiff’s medical] expert witness because there was evidence that she satisfied both the knowledge and active clinical practice requirements of Code §8.01-58l.20.” Id. at 15.  Significantly, Holt apparently loosens the requirements for standard of care experts under Virginia’s Medical Malpractice Act.