Virginia: Medical Malpractice – a Lawyer’s Blog

Virginia: Medical Malpractice – a Lawyer’s Blog

On March 25, 2011, additional pre-trial motions were heard in the medical malpractice lawsuit of Marshall v. Moniz, No. CL08-2018 in Circuit Court for York County and the Town of Poquoson, Virginia. Among other things, the Court denied Defendants’ Motion regarding Blog of Plaintiff’s Counsel filed by Jason R. Davis, Esq. and Mary Elizabeth Sherwin, Esq. of Kaufman & Canoles, P.C., a defense-oriented law firm based in Norfolk, Virginia.

Defendants through their counsel sought “during the course of trial to require plaintiff’s counsel to immediately remove all information this case from his website and any other public material, discontinue blogging or otherwise publishing about this case, and deactivate the blog.” Jury trial of the Marshall medical malpractice case on the merits is scheduled for March 28 – April 7, 2011, at the Yorktown Courthouse.

The Marshall Court denied the aggressive Motion of the defense, which is covered by Sentara’a $1,850,000.00 medical malpractice policy, as Sentara has purchased the assets of the corporate Defendant, Williamsburg Surgery, P.C., and Sentara employs the individual Defendant, Dr. Moniz. York Circuit Court followed Suffolk Circuit Court in finding the blog postings of plaintiff’s counsel outside of its purview.

In an earlier medical malpractice matter, Mahone v. Sentara Hospitals, No. CL-09-560 in Suffolk, Sentara similarly filed an Emergency Petition to terminate the blog postings by Plaintiff’s counsel about his fruits of a hearing against it. That Petition was denied, and Mr. Waterman was free to continue posting on his blog.