"Defendants acknowledged at oral argument that the record does not tell us whether the alleged hand-soaking occurred before or after the sutures were removed. But if Butts-Franklin had soaked her hand after the sutures were removed, it 'c[ould not] be the basis for a mitigation of damages instruction' because she 'did not act contrary to the advice given,'" Justice Stuart A. Raphael wrote on behalf of the unanimous appellate panel.
February 01, 2024 at 04:02 PM
6 minute read
The Virginia Court of Appeals upheld a $1.18 million jury award in favor of a patient that a required additional medical intervention after a surgeon’s more than two-week delay in diagnosing a postoperative infection.
The ruling, filed Tuesday, rejects the physician’s claims that the trial judge erred by refusing to instruct the jury on the plaintiff’s duty to mitigate her damages.
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