Mike Hollingsworth is Co-Chair of the Virginia Trial Lawyers Association (VTLA) Amicus Curiae Committee, and served as counsel in Lee v. Manson (Record No. 0306-24-2), where the Court of Appeals issued an important published decision reversing a defense verdict and remanding for a new trial. The case is here: https://www.vacourts.gov/static/opinions/opncavwp/0306242.pdf.
In medical malpractice cases, providers often testify that they “don’t recall” the case but always follow a perfect routine—habit and practice—to fill the gaps. The trial court here instructed the jury with language lifted from the rule of evidence governing “habit evidence,” effectively telling jurors that the doctor’s habit was “relevant to prove” what happened.
The Court of Appeals said that was wrong. A doctor’s “habit” might be admissible, but judges can’t tell the jury what to do with it. Doctors don’t get to convert “I don’t remember, but my habit is perfect” into a directive about how jurors must evaluate their conduct. And crucially, the standard of care is established by expert testimony, not by a doctor’s supposed routine or custom.
I am proud to have helped secure Virginia precedent that protects the jury’s role and keeps trials focused on evidence and expert-defined standards, not after-the-fact “perfect habits.”