Virginia: Medical Malpractice – a Lawyer’s PSQIA

Virginia: Medical Malpractice – a Lawyer’s PSQIA

On March 16, 2015, Virginia Lawyers Weekly headlined on its front page “New decision splits courts on privilege”. Id. at 1. The medical malpractice article marquees local disparate state court rulings under the 2005 federal Patient Safety and Quality Improvement Act (“PSQIA”). Id. at 1, 27. See also, id. at 18-19.

Virginia Lawyers Weekly first covered the pro-defense opinion of Judge Fulton in Norfolk in Lewis v. Upadhyay, VLW 015-8-022. Id. at 1. It contrasts that with the earlier pro-Plaintiff Orders by Judge Poston of Norfolk in the Lewis case before it was non-suited; by Judge Johnson of Washington County in Counts v. Johnston Mem’l Hosp., Inc., VLW 014-8-122; and by Judge Pugh of Newport News in Mr. Waterman’s case, Whitby v. Peninsula Neurosurgical Assocs., Inc., VLW014-8-079. Id. at 1, 27.

Virginia Lawyers Weekly twice quoted Mr. Waterman: “Privilege claims should be closely scrutinized to determine whether providers are in fact qualified to claim PSQIA protection, according to Newport News lawyer Avery T. ‘Sandy’ Waterman, Jr., who represented the plaintiff in Whitby [in which “Mary Immaculate Hospital, Inc. withdrew its PSQIA privilege claim because the hospital ‘had not fully implemented and operationalized its’ PSO participation when it created the PSO materials”]. Id. at 27. “The Lewis decision ‘is at variance with multiple other opinions’ that have restricted the PSQIA privilege, Waterman said.” Id.