Court to review ruling on Dead Man’s Statute

The Supreme Court of Virginia will review a Roanoke trial judge’s ruling that a physician’s medical notes provided corroboration for the physician’s testimony that he advised a patient to see an endocrinologist because he suspected the patient had Cushing’s syndrome. The patient’s widow alleged that he died from complications of the syndrome because the physician failed to refer him to an endocrinologist. The widow contended that the records could not be considered to be corroborative because they are the type of self-serving statements intended to be excluded by the Dead Man’s Statute, Virginia Code § 8.01-397.

The case is Mary Sue Robinson v. Medhat Elmasry, Record No. 110966.

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