Virginia: Medical Malpractice – a Lawyer’s Messaging

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By Order entered December 9, 2019, Virginia Beach Circuit Court granted Plaintiff’s motion to compel pursuant to Va. Code §8.01-413(C) for:

  1. All writings and other records by medical/nursing personnel addressing the patient’s surgeries, incident and/or condition;
  2. All audit data and data dictionaries; and
  3. All call, text, message, page, and other logs, emails, and other nurse practitioner communications about the patient.

The Court also found that the unredacted Quantros Events Reports and the summary of the physician interview conducted at counsel’s direction were not privileged and must be produced. The medical malpractice case for wrongful death is Bell v. Bon Secours DePaul Medical Center, No. CL19-1713.