Virginia: Medical Malpractice – a Lawyer’s CHKD

Children’s Hospital of the King’s Daughters, Inc. (“CHKD”) did not contract with a Patient Safety Organization (“PSO”) until April 22, 2013, per its Answer to Interrogatory 30 in the wrongful death medical malpractice case of Elizabeth Brown Wilder, Administratrix of the Estate of Fredrick Wade Wilder, Deceased v. Children’s Hospital of the King’s Daughters, et al., Case No. CL16008482-00 in Circuit Court for the City of Norfolk, Virginia. Significantly, however, CHKD still claims “privilege” under the Patient Safety Quality Improvement Act (“PSQIA”) for the year or more before that date. That is contrary to the Act itself, and numerous state and federal cases interpreting it, including even cases cited by CHKD in other context. Beware!