22 Feb Virginia: Medical Malpractice – A Lawyer’s Enforcement
By Order entered February 10, 2017, Loudoun County Circuit Court enforced Plaintiff’s pre-service Va. Code §8.01-413(C) Supoena Duces Tecum, striking the medical malpractice Defendants’ Motion to Quash in Sussman v. Allen, No. 103980. It held that the metadata and audit trails sought in the Subpoena are parts of the patient’s medical records; that Va. Code §32.1-127.1:03, a statute, controlled over Va. S. Ct. Rule 4:9(a)(3), a rule; and that the Defendant healthcare provider was required to provide the patient all materials sought in the Subpoena.
Notably the 23-page Sussman Subpoena sought inter alia all electronically stored information, electronic medical records, audit trails, metadata, audit logs, access reports, security tracking reports, Metadata Audit Control policies and procedures in Organizational Risk Management plan, incident logs/reports, customer service forms, incidence or service quality tool and follow up, and 239 documents identified in various metadata. Id. at 2-19. Significantly, this includes the same Subpoena materials maintained for the subpoenaed healthcare provider by a third-party, NEXTGEN Healthcare. Id. at 2.