23 Apr Virginia: Medical Malpractice – a Lawyer’s Portsmouth
On April 22, 2015, Portsmouth Circuit Court ruled in Mr. Waterman’s favor that patients under Va. Code §8.01-413 and Va. Code §8.01-581.17 (2011 as amended) are entitled to the factual information in otherwise “protected” committee materials, need not prove “extraordinary circumstances” for the same, and need not show that such factual information is not in the patient chart. The medical malpractice case is Ruth v. Ramirez, No. CL14001759-00.
Ruth was decided on Motion to Quash of third-party, Maryview Hospital, Inc.; on Plaintiff Patient’s Motion to Enforce Va. Code §8.01-413(C) Subpoena Duces Tecum; and Stipulation of Patient and Maryview Hospital, Inc. that the 5/29/12 & 7/2&9/12 Peer Review Variance Review Report, the 7/9/12 Peer Review Committee Review Report, and the 7/9/12 Peer Review Committee Minutes in Maryview Hospital, Inc.’s Amended Privilege Log at issue re the 5/25/12 Clinical Event are materials of a committee under Va. Code §8/01-581.16. Ruth ordered that the Motion to Quash is denied; that the Motion to Enforce Va. Code §8.01-413(C) Subpoena Duces Tecum is granted; that Maryview Hospital, Inc. shall tender the 3 committee documents at issue to the Court for in camera review; and that the Court shall provide Patient all factual information therein, if any, redacting all deliberative analysis.
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.