20 Jul Virginia: Medical Malpractice – a Lawyer’s Newspaper
On July 14, 2014, Virginia Lawyers Weekly’s front page headlined “Hospital must provide risk manager reports”. It covered Mr. Waterman’s nursing home patient fall ruling in Cherrie v. Virginia Health Services, Inc. d/b/a Walter Reed Convalescent & Rehabilitation Center, No. CL12-440 in Gloucester Circuit Court, and his Riverside Hospital survival action/wrongful death case ruling in Rauchfuss v. Schultz, No. CL1302754V-04 in Newport News Circuit Court.
Virginia Lawyers Weekly reported Mr. Waterman’s inventive procedural tactic of using a Va. Code §8.01-413(C) Subpoena Duces Tecum in a pending yet unserved lawsuit to obtain all healthcare provider “records and papers” for patients who claim medical malpractice. By Court Order in Cherrie, he obtained various facility employee witness statements and other administration investigative materials; and in Rauchfuss, he obtained Riverside Assistant Risk Manager’s handwritten notes and Dr. Schultz’ witness statement.
Virginia Lawyers Weekly quoted Mr. Waterman, who termed §8.01-413 “invaluable”: “From my standpoint, [§8.01-413(C) Subpoena] is the only way to pursue it. Why wait until you’re embroiled in discovery to find out what the story is.” It quoted him further, “The health care industry should [not] enjoy any special protections not enjoyed by other business,” noting statements by doctors about their patient care should be obtainable like statements by drivers to insurance adjusters about what caused a traffic accident. Id.
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.