Turner v. Thiel

FROM THE CIRCUIT COURT OF THE CITY OF WILLIAMSBURG AND COUNTY OF JAMES CITY Samuel T. Powell, Judge In this appeal, we consider whether the circuit court abused its discretion by permitting the defendants to call as an expert witness an individual who plaintiff's counsel had previously retained to consult and review plaintiff's medical records. The plaintiff, Mackie Turner, filed a motion for judgment against Martin A. Thiel, M.D., Surgical Specialists, Inc., and Williamsburg Community Hospital, Inc., in the Circuit Court of the City of Norfolk. The plaintiff alleged that Dr. Thiel, who was engaged in the practice of general medicine and surgery, breached the standard of care owed to him when Thiel performed a procedure on the plaintiff known as a transaxillary first rib resection. The plaintiff also alleged that defendant Surgical Specialists is a professional corporation organized under the laws of Virginia and that Thiel was an employee, agent, or servant of Surgical Specialists, acting within the scope of his employment when he treated the plaintiff. The plaintiff further alleged that Williamsburg Community Hospital breached certain duties owed to him.