Virginia: Medical Malpractice – a Lawyer’s EMR (December 19, 2015)

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On December 15, 2015, Second Supplemental EMR & Protective Order was entered in the alleged wrongful death lawsuit of Joanne T. Rauchfuss, Administratrix of the Estate of George William Rauchfuss, Jr., Deceased v. Roger E. Schultz, M.D., Hampton Roads Urology, Riverside Physician Services, Inc., Riverside Medical Group, Benjamin J. Pettus, M.D., Peninsula Radiological Associates, LTD., Riverside Diagnostic Center – Williamsburg, Riverside Hospital, Inc., Riverside Health System, and Riverside Healthcare Association, Inc., No. CL1302754V-04(DP) in Circuit Court for Newport News, Virginia. The Order tracks an earlier one entered in the same case, yet features two notable differences.

First, this Rauchfuss medical malpractice Order issued at the request of Co-Defendants, while typically defendants oppose EMR discovery. Second, the Order specifically cautious the producing Defendant (Riverside) and the viewing Co-Defendants (Peninsula Radiological Associates, Ltd. and Dr. Benjamin J. Pettus) against violating Va. Code §8.01-399 patient confidentiality in the course of EMR exchange.

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.