Creekmore v. Maryview Hospital, No. 10-1183

Decided Dec 8, 2011

Plaintiff Latarsha Creekmore sued Defendant Maryview Hospital for medical malpractice, alleging that its negligent care following the Caesarian section delivery of her baby injured her. Maryview appealed the judgment in favor of Creekmore, arguing that the district court abused its discretion by allowing an obstetrician-gynecologist to testify as an expert regarding the standard of care for a nurse’s postpartum monitoring of a high-risk patient with preeclampsia because the testimony did not meet the expert testimony requirements under the Virginia Code. The Fourth Circuit Court of Appeals held that nothing precluded the expert testimony in question and affirmed. The court held that even though Dr. Stokes did not have an active clinical practice in nursing, Dr. Stokes regularly performed the procedure at issue, fulfilling the purpose of the active clinical practice requirement in Virginia state law and therefore, Dr. Stokes’ testimony was proper.

Full Opinion

Sara I. Salehi

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