SIGNIFICANT CASE SUMMARY

Virginia Case Summary

Loudoun Eye Care, P.C. v. Bartin
Virginia Court of Appeals
2026 Va. App. LEXIS 89

Decided: February 10, 2026

Judgment entered for Defendant where Plaintiff failed to present expert testimony on the standard of care applicable to a physician in a failure-to-refer case.

Background

Plaintiff sued Defendant for medical malpractice after Defendant had performed a surgery on Plaintiff’s eye. In the suit, Plaintiff claimed Defendant was not qualified to perform the surgery. Plaintiff alleged that Defendant was negligent in both his performance of the surgery and his decision to not refer Plaintiff to a qualified doctor. During trial, Plaintiff failed to present expert testimony on the standard of care applicable to Defendant.

Following trial, the jury awarded Plaintiff $1,500,000, with pre-judgment and post-judgment interest at 8%. Arguing that Plaintiff’s claim failed as a matter of law since Plaintiff failed to present expert testimony establishing the standard of care applicable to a retinal specialist upon referral, Defendant appealed.

Holding

The Court of Appeals reversed and entered judgment for Defendant. Due to Plaintiff’s failure to present expert testimony on the standard of care applicable to a physician in a failure-to-refer case, the Court found that the Trial Court erred in holding that Plaintiff’s evidence was sufficient.

Questions about this case can be directed to Lily Smith at 571.470.1906 or lsmith@tthlaw.com.