Virginia: Medical Malpractice – Lawyer’s PSQIA

On May 8, 2017, the judge ruled there was no federal privilege under the Patient Safety Quality Improvement Act (“PSQIA”) in Wilder v. Children’s Hospital of the King’s Daughters, Inc., No. CL16008482-00 in Norfolk Circuit Court, because CHKD did not have the requisite patient safety organization (“PSO”) in place at the time of creating the documents at issue and because CHKD did not intend to submit the documents to the PSO. Also, the judge found that CHKD complied with state privilege law by providing all factual information in the documents at issue. Plaintiff in Wilder alleges that medical malpractice caused an infant patient’s wrongful death, and seeks $10,000,000.00 in damages.