Legal Notices

Supreme Court of Virginia Addresses Medical Causation Opinion Testimony of Non-M.D.

In Hollingsworth v. Norfolk Southern Railway Co., Record No. 090041 (2/25/10), the Supreme Court of Virginia affirmed Roanoke City Circuit Judge Broadhurst's ruling that podiatrists cannot opine on the medical causation of injuries, because an opinion on causation is part of diagnosis, which can only be provided by a medical doctor.  Because the plaintiff's only expert causation testimony came from two podiatrists, the circuit judge granted the Railroad's motion for summary judgment, and that ruling was affirmed on appeal.  The opinion contains a useful summary of the Court's opinions on competence to testify about medical causation.  The result in this case hinged on a detailed reading of the statutes defining the scope of practice for medical doctors and podiatrists.  The opinion notes that proposed legislation to broaden the definition of podiatry is being considered by the General Assembly.