The Supreme Court of Virginia has ruled that medical experts must state opinions "within a reasonable degree of medical probability" but that a lawyer's failure to make a timely objection to an improperly phrased question means that objection is waived. Cosmetic plastic surgeon George Bitar, MD was sued in Fairfax, Virginia Circuit Court for medical malpractice arising out of a "tummy tuck" operation. The jury found in favor of the patient and Dr. Bitar appealed the verdict. The doctor's complaint was that the patient's expert witness, while outlining details of the malpractice, failed to couch his opinions using the "magic phrase" "within a reasonable degree of medical probability." Dr. Bitar's lawyers waited, however, until after the expert had left the courtroom to make the objection. The Supreme Court ruled that the objection had to be made while the expert was testifying, not later. The Court upheld the malpractice verdict against Dr. Bitar. The complete medical malpractice opinion from the Supreme Court of Virginia is here.

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