Virginia: Medical Malpractice – A Lawyer’s ENT

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On January 6, 2017, Fairfax Circuit Court denied in material part the Motion to Quash filed by third-party healthcare provider, Fairfax Surgical Center, L.P., in the medical malpractice case of Rico v. Otolaryngology Assocs., P.C., No. CL15-11602. It upheld Plaintiff’s discovery Subpoena Duces Tecum for the following materials: (1) the third-party’s operating agreement and its financial arrangements with the medical malpractice Defendants; (2) the third-party’s personnel, operatory, and surgery schedules; (3) the incidents reports and all factual information in records of interviews, statements, and reports involving the third-party’s personnel; and (4) all policies and procedures related to the surgeries at issue. See, Order at 1-2.