Gross v. Stuart

Summary

The Supreme Court of Virginia affirmed a Fairfax County Circuit Court judgment entered on a jury verdict awarding Supen Peze Stuart $800,000 in a medical malpractice action against Michael Phillip Gross and William Plastic Surgery and Spa Services Company, LLC. The Court held that the trial court did not abuse its discretion by permitting cross-examination of the defense medical expert concerning findings in a Virginia Board of Medicine consent order or by denying mistrial and post-trial motions concerning alleged references to consent. The Court also declined to address a third assignment of error because its resolution of the first two assignments made it unnecessary.

Holdings

1. The circuit court did not abuse its discretion by permitting Stuart to cross-examine Dr. Pitman about findings in the Virginia Board of Medicine consent order because the evidence was relevant to the basis and weight of his opinions concerning the Virginia standard of care.
2. The circuit court did not abuse its discretion by denying the motions for mistrial and related post-trial motions or by declining to instruct the jury expressly that consent was not at issue, because the challenged testimony and argument were cured by timely instructions to disregard them and were not overwhelmingly prejudicial.

Questions Presented

1. Whether the circuit court abused its discretion by permitting cross-examination of the defense medical expert about findings in a professional disciplinary consent order.
2. Whether the circuit court abused its discretion by denying motions for mistrial and post-trial motions based on testimony and closing argument that allegedly injected informed consent into the case.
3. Whether the circuit court erred by refusing to instruct the jury that consent was not at issue.

Disposition

affirmed