Virginia: Medical Malpractice – a Lawyer’s Norfolk

Virginia: Medical Malpractice – a Lawyer’s Norfolk

On April 16, 2015, Norfolk Circuit Court granted Mr. Waterman’s Motion to Enforce Va. Code §8.01-413(C) Subpoena Duces Tecum and denied Defendant Sentara’s Motion to Quash in the patient fall case of Talton v. Sentara Hospital, Sentara Norfolk General Hospital, et al., No. 15-313-00. In that pending but unserved medical malpractice suit, Plaintiff had moved to enforce her medical authorization request under the companion subsection, Va. Code §8.01-413(B), for all patient electronic medical records and other materials self-servingly segregated by the hospital out of the so-called “patient chart”.

In a case of “first impression” in Norfolk, Talton by Letter Opinion found that “a patient is entitled to receive these documents pursuant to the statute” pre-service. See, Letter Op. at 1. That includes “the audit trail of that patient’s medical records as well as any investigative reports related to that patient’s care from a medical provider which treated the patient”. Id.

An Order is to be drafted and entered. Id. at 2. In Talton, Plaintiff has sued for $10,000,000.00, alleging that the patient suffered wrongful death resulting from an in-patient fall. See, Amended Complaint with Exhibits.

THE VIRGINIA STATE BAR REQUIRES ALL LAWYERS TO POST THE FOLLOWING DISCLAIMERS ON ALL CASE-RELATED POSTS. MR. WATERMAN’S CASE RESULTS AND CLIENT TESTIMONIALS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. THEY DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE BY HIM.