Virginia Supreme Court rules podiatrists cannot testify on causation

1 March 2010
Updated 5 March 2010

On Feb. 25, the Supreme Court of Virginia upheld the longstanding precedent that podiatrists may not testify as to causation of human physical injury. The Medical Society of Virginia (MSV) and the Virginia Orthopaedic Society (VOS) had jointly filed an amicus curiae brief in support of this position.

Meanwhile, HB 723, introduced by Del. Chris Peace (R-Mechanicsville), has passed the General Assembly. This legislation clarifies the role of podiatrists, as stated in Virginia Code, to include "diagnosis" as part of the practice of podiatry. The companion bill, SB 82, introduced by Sen. Janet Howell (D-Fairfax) has also been approved by both chambers. MSV and VOS were able to achieve positive amendments to these bills that would bar podiatrists from testifying against medical doctors in malpractice actions. The bills also contain emergency clauses to make them effective immediately, rather than on July 1 when legislation passed by the General Assembly normally takes effect.

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