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SMITH v. IRVING

Record No. 040349.

604 S.E.2d 62 (2004)

268 Va. 496

Marie M. SMITH, Executor of the Estate of Michael R. Smith v. Declan IRVING, M.D., et al.

Supreme Court of Virginia.

November 5, 2004.

Attorney(s) appearing for the Case

John M. Flora (Epstein, Sandler & Flora, on brief), Harrisonburg, for appellant.

Amici Curiae: The Virginia Trial Lawyers Association (Thomas W. Williamson, Jr.; Joshua D. Silverman; Williamson & Lavecchia, on brief), in support of appellant.

Amici Curiae: The Medical Society of Virginia (W. Scott Johnson; John B. Mumford, Jr.; Molly August; Hancock, Daniel, Johnson & Nagle, on brief), Glen Allen, in support of appellees.

Present: HASSELL, C.J., LACY, KEENAN, KOONTZ, LEMONS, and AGEE, JJ., and CARRICO, S.J.

OPINION BY Justice BARBARA MILANO KEENAN.

In this appeal of a judgment in favor of a defendant physician in a medical malpractice action, we consider whether the circuit court abused its discretion in refusing to permit the plaintiff to cross-examine the defendant regarding "standard of care" issues.

We will state the evidence in the light most favorable to the defendant, Declan Irving, M.D., the prevailing party in the circuit court. See City of Richmond...

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