03 Jul Virginia: Medical Malpractice – a Lawyer’s EMR
On June 28, 2018, after 6-day trial, a Loudoun County jury awarded a medical malpractice victim $2,100,000.00. The case is Lee v. DuPont, No. 2017-10416.
Prevailing plaintiff counsel in Lee recognized Mr. Waterman for his assistance in prevailing. As requested pre-trial, Mr. Waterman provided his briefing on discovery of audit trails and metadata, and a leading expert on electronic medical records (“EMR”) to review and testify.
On December 8, 2018, the judge in Lee was persuaded by briefing and ordered defendants to produce all metadata for plaintiff, and the referred expert interpreted at trial. Specifically, the audit trails proved the defendant doctor did not review the plaintiff patient’s prior x-rays while interpreting current x-rays as claimed, helping to convince the jury the defendant doctor was not credible.