Griffett v. Ryan

443 S.E.2d 149, 247 Va. 465, 10 Va. Law Rep. 1233, 1994 Va. LEXIS 57
CourtSupreme Court of Virginia
DecidedApril 15, 1994
DocketRecord 930613
StatusPublished
Cited by34 cases

This text of 443 S.E.2d 149 (Griffett v. Ryan) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Griffett v. Ryan, 443 S.E.2d 149, 247 Va. 465, 10 Va. Law Rep. 1233, 1994 Va. LEXIS 57 (Va. 1994).

Opinions

JUSTICE HASSELL

delivered the opinion of the Court.

[467]*467In this appeal of a judgment in a medical malpractice action, we consider issues relating to proximate causation and admission of expert testimony.

I.

Betty Jean Griffett, executrix of the estate of Henry Griffett, filed this wrongful death action against Michael J. Ryan, M.D., Digestive & Liver Disease Specialists, Ltd., David M. Bridges, M.D., and Medical Center Radiologists, Inc. She alleged that the defendants failed to diagnose her husband’s cancer and that such failure was a proximate cause of his death. The defendants denied any acts of negligence.

The case was tried before a jury. At the conclusion of the plaintiff’s evidence, the trial court granted motions to strike the plaintiff’s evidence made by Dr. Bridges and Medical Center Radiologists and entered judgments in their favor. The plaintiff does not assign error to these judgments. The case proceeded against Dr. Ryan and his corporation, Digestive & Liver Disease Specialists, Ltd. The jury returned a verdict in favor of the plaintiff in the amount of $500,000. The trial court granted the defendants’ motion to set aside the verdict and entered a final judgment. We awarded the plaintiff an appeal.

Even though the trial court set aside the jury’s verdict, we accord the recipient of the verdict the benefit of all substantial conflicts in the evidence and all reasonable inferences that may be drawn therefrom. Therefore, we will state the facts in the light most favorable to the plaintiff, and if there is any credible evidence in the record that supports the verdict, we must reinstate that verdict and enter judgment thereon. Loving v. Hayden, 245 Va. 441, 442, 429 S.E.2d 8, 9 (1993).

Henry Griffett was taken to the emergency room of Sentara Leigh Hospital in Norfolk on February 5, 1988. He complained of abdominal pain. Two emergency room physicians evaluated him and ordered certain x-rays, including a chest x-ray.

Dr. Bridges, a radiologist, reviewed the chest x-ray and noted an “abnormal density.” Dr. Bridges’ final radiological report confirmed that the chest x-ray revealed the existence of a suspicious, abnormal density in the upper lobe of Mr. Griffett’s right lung.

Mr. Griffett was referred to Dr. Ryan, a gastroenterologist who examined Mr. Griffett and admitted him to Sentara Leigh Hospital where he was observed for 24 hours and discharged. Dr. Ryan did not review the February 5, 1988 radiological report or Mr. Griffett’s chest x-ray film.

[468]*468Mrs. Griffett called Dr. Ryan’s office on March 1, 1988 to inform him that her husband continued to experience intermittent abdominal pain. Dr. Ryan’s nurse informed Mrs. Griffett that Mr. Griffett should go to the emergency room if the pain became prolonged.

Dr. John W. Baker, Jr., examined Mr. Griffett in November 1989. Mr. Griffett had complained of pain in his right shoulder. Dr. Baker diagnosed Mr. Griffett’s condition as cancer in the upper lobe of his right lung. The “abnormal density,” shown on the chest x-ray in February 1988, was a cancerous tumor that had subsequently quadrupled in size. The tumor was surgically removed in February 1990 and Mr. Griffett died in September 1990.

II.

A.

During the trial, Dr. Alfred Muller was qualified to testify as the plaintiff’s expert witness on the issue of proximate causation. Dr. Muller testified that, within a reasonable degree of medical certainty, Mr. Griffett would have had a greater likelihood for cure if Dr. Ryan had made a diagnosis of cancer in February 1988. The defendants objected to this testimony because the plaintiff purportedly failed to identify Dr. Muller as an expert witness on the subject of proximate causation in the plaintiff’s answers to interrogatories. The defendants also contended that Dr. Muller was not qualified to render opinions on proximate causation. Furthermore, the defendants argued that the plaintiff should not have been permitted to use Dr. Muller as an expert witness at trial on proximate causation because, during a pre-trial hearing, the plaintiff had informed the court that another physician would be the plaintiff’s expert witness who would testify on the issue of proximate causation.

The trial court initially overruled the defendants’ objections and permitted Dr. Muller to testify. However, after the jury’s verdict was returned, the trial court ruled that it had erred by permitting Dr. Muller to testify. On appeal, the parties make essentially the same arguments advanced in the trial court.

Our review of the record discloses that the plaintiff identified Dr. Muller as an expert witness who would testify on the issue of proximate causation. For example, the plaintiff stated, in her supplemental answers to interrogatories, dated March 6, 1992 that Dr. Muller would render the following expert opinion at trial:

[469]*469It is quite clear that early detection of lung cancer results in a higher incident of survival. By the long delay in this case the patient’s ultimate survival was drastically reduced, and is, therefore, in my opinion, inappropriate follow-up care.

Furthermore, the defendants took the discovery deposition of Dr. Muller. Our review of that deposition reveals that the defendants examined Dr. Muller on the subject of the causal relationship between Dr. Ryan’s breach of the standard of care and Mr. Griffett’s death.

It is true, as the defendants assert, that the plaintiff’s counsel informed the trial court during a hearing on the defendants’ motion for summary judgment that Dr. Baker would testify as the plaintiff’s only expert on proximate causation. However, the statement, when read in context with the entire record, cannot be deemed an abandonment or waiver of the plaintiff’s right to use Dr. Muller as an expert on proximate causation at trial. We also observe that the defendants were neither prejudiced nor surprised by Dr. Muller’s testimony because they had taken his pre-trial discovery deposition. Therefore, we hold that the plaintiff adequately disclosed Dr. Muller as an expert who would render opinions on proximate causation at trial.

The defendants contend that Dr. Muller was not qualified to testify regarding Mr. Griffett’s chance of survival had Dr. Ryan diagnosed the lung cancer in February 1988. We disagree.

In Grubb v. Hocker, 229 Va. 172, 326 S.E.2d 698 (1985), we stated:

Whether a witness is qualified to express an opinion as an expert is a question largely within the sound discretion of the trial court. ... A decision to exclude a proffered expert opinion will be reversed on appeal only when it appears clearly that the witness was qualified. . . . And the expressed belief of a witness that he is an expert does not ipso facto require his qualification. . . . The facts must show that he possesses sufficient knowledge, skill or experience to make him competent to testify as an expert on the subject matter of the inquiry.

Id. at 176, 326 S.E.2d at 700 (quoting Noll v. Rahal, 219 Va. 795, 800, 250 S.E.2d 741, 744 (1979)).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Holt v. Chalmeta
809 S.E.2d 636 (Supreme Court of Virginia, 2018)
Richard C. Wagoner, Jr. v. Commonwealth of Virginia
756 S.E.2d 165 (Court of Appeals of Virginia, 2014)
Creekmore v. Maryview Hospital
662 F.3d 686 (Fourth Circuit, 2011)
Lloyd v. Kime
79 Va. Cir. 302 (Rockingham County Circuit Court, 2009)
Jackson v. Qureshi
671 S.E.2d 163 (Supreme Court of Virginia, 2009)
Lloyd v. Kime
654 S.E.2d 563 (Supreme Court of Virginia, 2008)
John Crane, Inc. v. Jones
650 S.E.2d 851 (Supreme Court of Virginia, 2007)
Budd v. Punyanitya
643 S.E.2d 180 (Supreme Court of Virginia, 2007)
Indiana Insurance Guaranty Association v. Gross
598 S.E.2d 322 (Supreme Court of Virginia, 2004)
Virginia Dept of Transportation v. Agnes V Lanning
Court of Appeals of Virginia, 2003
Agnes V Lanning v. Virginia Dept of Transportation
Court of Appeals of Virginia, 2003
Boggs v. Traugh
58 Va. Cir. 188 (Virginia Circuit Court, 2002)
Sami v. Varn
535 S.E.2d 172 (Supreme Court of Virginia, 2000)
Murray v. United States
Fourth Circuit, 2000
Powell v. Margileth
524 S.E.2d 434 (Supreme Court of Virginia, 2000)
Black v. Bladergroen
521 S.E.2d 168 (Supreme Court of Virginia, 1999)
Crosby v. United States
48 F. Supp. 2d 924 (D. Alaska, 1999)
Hoar v. Great Eastern Resort Management, Inc.
506 S.E.2d 777 (Supreme Court of Virginia, 1998)
Combs v. Norfolk & Western Railway Co.
507 S.E.2d 355 (Supreme Court of Virginia, 1998)
Lowmack v. Century Products Co
Fourth Circuit, 1998

Cite This Page — Counsel Stack

Bluebook (online)
443 S.E.2d 149, 247 Va. 465, 10 Va. Law Rep. 1233, 1994 Va. LEXIS 57, Counsel Stack Legal Research, https://law.counselstack.com/opinion/griffett-v-ryan-va-1994.