28 Aug Virginia: Medical Malpractice – a Lawyer’s Interviews
On August 20, 2018, Arlington County Circuit Court granted Plaintiff’s Motion to Compel Patient Factual Information in the medical malpractice case of Lowe v. Kaiser Foundation Health Plan of the Mid-Atlantic States, Inc. d/b/a Kaiser Permanente, et al., No. CL-17002837-00. See, Order. It rejected dual defense objections claiming factual information supposedly was privileged under the federal Patient Safety and Quality Improvement Act (“PSQIA”) and/or under the state Medical Malpractice Act, Va. Code §8.01-581.17; and found all factual information was “discoverable”. Id. at 1. Hence Lowe ordered that all “information requested (interviews conducted of the treating doctor and attending nurse) must be produced within seven (7) days”. Id. at 2. Plaintiff in Lowe relied in part on cases and briefing of Mr. Waterman.