Defendant's Attorney: Johneal M. White

Description: Marion, Virginia personal injury lawyer represented the Plaintiff on a negligence claim.

Marion Life Saving Crew, Inc. (MLSC) provides emergency medical and transport services in Smyth County, Virginia.[1] In February 2014, MLSC Emergency Medical Technicians (EMTs) responded to the home of Calvin Stoots ("Calvin"), where they found him in medical distress. The EMTs were given a copy of Calvin's advance medical directive ("medical directive"). After a cursory review, the EMTs concluded-erroneously-that the medical directive was a "Do Not Resuscitate order" (DNR). Acting under that mistaken interpretation, the EMTs withheld most emergency medical interventions while transporting Calvin to the hospital, and he died.

Calvin's sister, Rebecca Ann Stoots ("Stoots"), sued in her capacity as administrator of Calvin's estate, alleging that "[t]he reckless, wanton, negligent and grossly negligent conduct of MLSC [and others] was the direct and proximate cause of the premature death of [Calvin] by depriving him of a substantial chance of survival." On October 17, 2023, the trial court dismissed Stoots' claim with prejudice for "lack of a certifying expert, pursuant to" Code § 8.01-20.1, which requires that before service of a complaint involving medical malpractice, the plaintiff secure a "written opinion signed by [an] expert witness that, based upon a reasonable understanding of the facts, the defendant . . . deviated from the applicable standard of care and the deviation was a proximate cause of the injuries claimed." Stoots appeals, and we affirm.

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Legal issue Does the failure to have an expert witness in a medical malpractice case concerning EMTs' negligence relating to an advance directive interpretation justify dismissal under Virginia law?

Key Phrases Administrator of the estate Emergency medical technicians Advance medical directive Good Samaritan statute Medical malpractice action

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Outcome: Affirmed

Plaintiff's Experts:

Defendant's Experts:

Comments: