Defendant accused of Medical Malpractice

Virginia Court of Appeals Courthouse
Virginia Court of Appeals Courthouse
0Comments

In a dramatic turn of events, the Court of Appeals of Virginia has reversed a previous judgment in a medical malpractice case involving an eye care practice. The court ruled in favor of the defendants, Loudoun Eye Care (LEC) and Dr. Gitanjali Baveja, who were initially found liable for negligence that allegedly led to a patient’s partial blindness. The complaint was filed by Michael Bartin in the Circuit Court of Loudoun County on February 10, 2026, against Loudoun Eye Care.

The case centers around Michael Bartin’s allegations that LEC failed to refer him to a retinal specialist after cataract surgery, which he claims resulted in his monocular vision and partial blindness. Bartin first experienced vision issues in November 2019 and consulted Dr. George Char at Loudoun Eye Care. Despite having cataracts and other symptoms, Dr. Char referred Bartin to retinal specialist Dr. Mohammed Barazi for further examination. After several visits with no identified retinal problems, Bartin underwent cataract surgery performed by Dr. Baveja on March 5, 2020.

During the surgery, Dr. Baveja discovered a tear in Bartin’s posterior capsule but chose not to refer him back to a retinal specialist immediately after the procedure. Instead, she monitored his condition herself despite significant post-operative complications such as increased eye pressure and deteriorating vision. It wasn’t until March 16 that Bartin returned to Dr. Barazi, who diagnosed him with a retinal detachment requiring urgent surgical intervention.

Bartin sued LEC for $1,500,000 in damages due to alleged medical malpractice stemming from this failure-to-refer scenario. At trial, expert testimony was presented by both parties regarding the standard of care expected from ophthalmologists and retinal specialists upon referral.

However, the appeals court found that Bartin’s case lacked sufficient expert testimony specifically addressing what actions a reasonably prudent retinal specialist would have taken upon timely referral from an ophthalmologist like Dr. Baveja or Dr. Char. This absence of critical evidence meant that there was no clear causation link between LEC’s actions and Bartin’s subsequent vision loss as required under Virginia law.

Ultimately siding with LEC’s argument about insufficient proof on standard-of-care grounds related specifically towards referrals made within ophthalmology practices versus those handled exclusively by retina experts themselves – thus reversing lower court decisions while entering final judgment favoring defendants instead!

The attorneys involved include W. Thomas Chappell representing appellants alongside F Nash Bilisoly IV & Tracy Taylor Hague; Brien A Roche represented appellee Michael Barton during proceedings before Judge Douglas L Fleming Jr., presiding over initial circuit hearings leading up through appellate review process culminating today under Judges O’Brien Chaney Callins’ oversight bearing Case ID Record No:0217-25-4

Source: 0217254_Loudon_Eye_Care_v_Bartin_Opinion_Virginia_Court_of_Appeals.pdf


Related

Virginia Court of Appeals Judges

Former nurse alleges hospital employment caused PTSD and depression, court affirms compensation

A Virginia appellate court has upheld a decision awarding compensation to a former nurse who developed PTSD and major depressive disorder while working during the COVID-19 pandemic.

Virginia Court of Appeals Courthouse

Former student Sean Lohr accuses Virginia Tech board and official of First Amendment violations

A former Virginia Tech student, Sean Lohr, brought a lawsuit against the university’s Board of Visitors and an assistant director for student conduct, alleging violations of his First Amendment rights.

Virginia Court of Appeals Courthouse

Health insurance customer challenges arbitration clause in dispute with plan administrator and associations

A Virginia appeals court has reversed a lower court’s decision regarding whether a health insurance customer must arbitrate her claims against several organizations involved in selling her insurance.

Trending

The Weekly Newsletter

Sign-up for the Weekly Newsletter from Virginia Courts Daily.