Virginia: Patient Fall – a Lawyer’s Instructors

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Newport News Circuit Court entered an Order on October 2, 2015, and issued a Letter Opinion on October 7, 2015, in the medical malpractice lawsuit, Peck v. Riverside Hops. Inc., No. CL1400873V-04. Those rulings granted Mr. Waterman’s Motion to Compel Depositions of Riverside Defendants’ Instructor Personnel and denied Defendants’ Motion for Protective Order.

In Peck, the Defendants tried to foreclose the depositions of eleven (11) Riverside hospital and nursing school instructors on patient fall risk assessment/intervention, proffering “Irrevocable Stipulations and Admission of Liability,” coupled with attorney assurances and claiming the depositions sought were irrelevant, cumulative/duplicative, and “retaliatory harassment.” But the Court in Peck found no “insidious motive” and found Mr. Waterman reasonably sought discoverable information that may “unearth admissible evidence” similar to that ordered by Newport News Circuit Court and upheld by the Virginia Supreme Court in his landmark medical malpractice case Riverside Hosp., Inc. v. Johnson, 272 Va. 518 (2006).

THE VIRGINIA STATE BAR REQUIRES ALL LAWYERS TO POST THE FOLLOWING DISCLAIMERS ON ALL CASE-RELATED POSTS. MR. WATERMAN’S CASE RESULTS AND CLIENT TESTIMONIALS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. THEY DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE BY HIM.