Tuesday, June 15, 2004
Exclusion of expert testimony by physician reversed
In Christian v. Surgical Specialists of Richmond, Ltd., the Virginia Supreme Court in an opinion by Justice Koontz concluded that the trial court erred by excluding the testimony of a physician called by the plaintiff, under Va. Code 8.01-581.20. The witness was a practicing physician from New York. The statute allows that "[a]n expert witness who is familiar with the statewide standard of care shall not have his testimony excluded on the ground that he does not practice in this Commonwealth." On appeal, the Supreme Court noted that the witness "affirmatively testified that he had gained his knowledge of the Virginia standard of care through discussions with physicians in Virginia, and while attending seminars and meetings in Virginia concerning laparoscopic surgery."