Virginia: Medical Malpractice – A Lawyer’s Trifecta

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On August 15, 2016, a medical malpractice case resolved 3 key discovery issues in favor of Plaintiff. It is Jones v. Jones, 2016 WL 4398686 (Richmond Aug. 15, 2016).


In Jones, Richmond Circuit Court held discoverable – not privileged – all factual information in the following materials of CJW Medical Center Chippenham Campus: (1) its incident reports; (2) the witness statement of Defendant, Jones, “two months after the incident;” and (3) the witness statement of Defendant, McDevitt, “for peer review approximately three months after the incident.” Jones also held that “CJW policies and procedures” were discoverable, not privileged.


Additionally in Jones, CJW voluntarily produced its “audit trials” before hearing. They had been another subject of Plaintiff’s Motion to Compel and of Defendant’s Motion to Quash.