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Present: VIDA SAMI v.

All the Justices

Record No. 992345

OPINION BY JUSTICE ELIZABETH B. LACY September 15, 2000

MILES VARN, M.D. AND JULIAN ORENSTEIN, M.D. FROM THE CIRCUIT COURT OF FAIRFAX COUNTY M. Langhorne Keith, Judge In this appeal, we consider whether the trial court erred in holding that an obstetrician-gynecologist was not qualified to give expert testimony on the standard of care for a pelvic examination performed by an emergency room physician. Vida Sami went to the emergency room of Fairfax Hospital on January 26, 1994. She told the hospital personnel she was

pregnant and that she was in pain and experiencing vaginal bleeding. on Sami: Three separate pelvic examinations were performed one by a medical resident; another by an emergency

room physician, Dr. Miles Varn; and a third by the resident obstetrician-gynecologist on call at the hospital, Dr. Barbara A. Dill. Their conclusions were that Sami had undergone a

spontaneous abortion or miscarriage and, according to Dr. Dill, the "miscarriage had completed itself." Sami was

discharged from the hospital and given instructions for a follow-up appointment within four weeks. Sami returned to the Fairfax Hospital emergency room in April of that year, and again in June, complaining of pain.

Dr. Julian Orenstein, an emergency room physician, performed a pelvic examination and discharged Sami, instructing her to take a non-prescription pain medication. In late June 1994, Sami went to the office of Dr. Herbert Roberts, an obstetrician-gynecologist, complaining of continuing abdominal pain. Dr. Roberts performed an abdominal

examination, administered a sonogram, and found a "pelvic mass." When Dr. Roberts operated on Sami to remove the mass,

he discovered that the mass was a second uterus containing a twelve to fifteen-week-old dead fetus. Sami filed a motion for judgment against a number of physicians at Fairfax Hospital, including Drs. Varn and Orenstein, alleging negligence and "infliction of emotional distress." 1 Sami filed a second motion for judgment against

Fairfax Hospital on the same theories, claiming that the Hospital breached its duty to properly supervise its employees. The motions for judgment were consolidated.

During a jury trial, Sami sought to qualify Dr. Roberts as an expert witness on the standard of care. Following voir

dire of Dr. Roberts, the trial court concluded that Dr. Roberts was qualified as an expert on the standard of care applicable to the actions of Dr. Dill, an obstetrician-

The other defendants in this action were dismissed by the trial court and are not involved in this appeal. 2

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gynecologist, but that he was not qualified to testify to the standard of care applicable to Drs. Varn and Orenstein, emergency room physicians. The trial court held that Dr.

Roberts did not "demonstrate[] expert knowledge of the standards of defendant[s'] specialty," and that he did not "have an active clinical practice in ER" or a related field. Without Dr. Roberts' testimony, Sami did not have an expert to establish the standard of care and breach thereof by Drs. Varn and Orenstein, and the trial court sustained a motion by those defendants to dismiss Sami's claims against them. Following further testimony, the jury returned a verdict in favor of the hospital. Sami filed this appeal asserting

that the trial court erred in holding that Dr. Roberts was not qualified to offer expert testimony on the standard of care applicable to the pelvic examinations performed by Drs. Varn and Orenstein. The qualification of a witness as an expert is governed by Code

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