28 Jul Virginia – Legal Recognition – A Lawyer’s Denial
On July 25, 2016, Virginia Lawyers Weekly headlined “Nursing-Home policy doc denied”. Id. at 2. It reports the Virginia Supreme Court’s adverse decision in Cherrie v. Virginia Health Servs., Inc., Mr. Waterman’s consolidated appeals seeking nursing home policies through administrative regulations for companion medical malpractice cases alleging wrongful death due to patient falls.
Virginia Lawyers Weekly quoted Mr. Waterman about discovery of healthcare policies: “The fact that the Department of Health requires by regulation that all nursing homes shall provide policies to patients ‘upon request’ obviously shows that the Commonwealth does not consider healthcare facility policies to be ‘privileged’ as ‘protected committee’ materials or otherwise.” Id. (emphasis added). Despite the disappointing procedural ruling, substantively both underlying patient fall medical malpractice cases for wrongful death are moving forward, and Gloucester Circuit Court already has upheld the litigation discovery of VHS policies that were denied by regulation request.