Virginia: Medical Malpractice – A Lawyer’s Log

On July 9, 2016, Norfolk Circuit Court held that Defendant Sentara’s policies, protocols, and procedures are discoverable, not privileged as claimed, in the medical malpractice lawsuit of Smith v. Sentara Healthcare, No. 15-8467. Id. at 2. Also, the Court found that the “factual material” contained in various items listed on Sentara’s Privilege Log likewise are discoverable, not prepared in anticipation of litigation and privileged as claimed; and ordered in camera inspection of other log items. Id. Additionally, Smith v. Sentara found Sentara personnel and training materials discoverable “as it pertains to particular training and discipline”. Id. at 3. Further, the Court ordered electronic audit trails produced. Id.