Virginia: Medical Malpractice – a Lawyer’s Punitives

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By letter opinion dated March 23, 2020, Richmond Circuit Court found that the medical malpractice victim sufficiently stated a cause of action for willful and wanton negligence and punitive damages with “specific instances involving both sets of Defendants acting in conscious disregard or reckless indifference to [patient’s] needs while knowing that such action would cause her injury”. Id. at 2. Hence the Court denied the Demurrers of the home health company and the nursing service contracted for nurses aides. Id.

The Court also denied the Defendant nursing services’ Demurrer as to its contractual and its assumed duties. Id. at 3. The case is Sloan v. Encompass Home Health of Mid Atlantic, LLC, et al., No. CL19-2153.