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State court of last resort · ST-VA-SC
Holt v. Chalmeta
No. 161230Supreme Court of Virginia
161230 Holt v. Chalmeta 02/22/2018 In a medical malpractice case, the circuit court abused its discretion when it refused to qualify plaintiff's only proposed expert witness under Code § 8.01-581.20. In a case…
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161230 Holt v. Chalmeta 02/22/2018 In a medical malpractice case, the circuit court abused its discretion when it refused to qual…
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- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- February 22, 2018
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161230 Holt v. Chalmeta 02/22/2018 In a medical malpractice case, the circuit court abused its discretion when it refused to qualify plaintiff's only proposed expert witness under Code § 8.01-581.20. In a case where treatment of a newborn with respiratory distress was at issue, the board certified pediatrician and neonatologist proffered by the plaintiff met both the knowledge and active clinical practice requirements of Code § 8.01-581.20. It was an abuse of discretion to disqualify this witness from testifying, and the subsequent entry of summary judgment for the defense was error. The judgment is reversed and the action is remanded for further proceedings consistent with this opinion.
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· Supreme Court of Virginia
ReversedRemanded
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161230 Holt v. Chalmeta 02/22/2018 In a medical malpractice case, the circuit court abused its discretion when it refused to qualify plaintiff's only proposed expert witness under Code § 8.01-581.20. In a case where treatment of a newborn with respiratory distress was at issue, the board certified pediatrician and neonatologist proffered by the plaintiff met both the knowledge and active clinical practice requirements of Code § 8.01-581.20. It was an abuse of discretion to disqualify this witness from testifying, and the subsequent entry of summary judgment for the defense was error. The judgment is reversed and the action is remanded for further proceedings consistent with this opinion.
Outcome words in this text: reversed, remanded.
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