Virginia: Medical Malpractice – a Lawyer’s ER (September 22, 2018)

On September 21, 2018, a Fairfax jury awarded $2,500,000.00 plus pre-judgment interest from the time of medical malpractice to the victim patient who was not treated properly in the Emergency Room after sustaining a stroke. Key evidence at trial was metadata from the hospital’s electronic medical records (“EMR”) that proved the ER patient was evaluated for only 4 minutes, which was obtained over defense objection at discovery hearing relying in part on prior EMR/metadata discovery orders won in other medical malpractice cases by Mr. Waterman.