Virginia: Medical Malpractice – a Lawyer’s Quantros

Virginia: Medical Malpractice – a Lawyer’s Quantros

On March 25, 2014, the wrongful death case of Tracy Whitby, Administratrix of the Estate of Kelvin Parker, Deceased v. Peninsula Neurosurgical Associates, Inc., et. al, No.: CL1304969T-01 in Circuit Court for the City of Newport News, Virginia, came on for supplemental evidentiary privilege hearing as previously ordered. The Court considered Mary Immaculate Hospital, Inc.’s Motion to Quash and Patient’s Motion to Enforce Va. Code §8.01-413(C) Subpoena Duces Tecum; evidence ore tenus of Karen Wentzel and Sheila Fuller; 3 responsive electronic recordkeeping printouts tendered by Mary Immaculate Hospital, Inc. for in camera review; and argument by counsel for the parties.

In the Whitby medical malpractice case, the Court found that the Quantros “Follow-up Preview for Event” created by Sheila Fuller, the Quantros “Follow-up Preview for Event” created by Karen Wentzel, and the Quantros “Event Notes” created by the various other Committee members constitute materials of a protected Committee under Va. Code §8.01-581.16; that all of the Quantros “Follow-up Preview for Event” created by Sheila Fuller and of the Quantros “Event Notes” and most of the Quantros “Follow-up Preview for Event” created by Karen Wentzel constitute “deliberative analysis” privileged from disclosure under Va. Code §8.01-581.17; and that a portion of Quantros “Follow-up Preview for Event” created by Karen Wentzel includes “factual information of patient care” that is not privileged under §8.01-581.17 and is subject to disclosure. Hence in Whitby the Court ordered that the parties’ respective Motions were granted in part and denied in part, as follows:

  1. The 12/23/11 Quantros “Follow-up Preview for Event” created by Karen Wentzel shall be redacted by the Court for all “deliberative analysis,” and the remainder including “factual information of patient care” shall be delivered to Plaintiff patient by the Court; and
  2. The deliberative analysis of the Quantros “Follow-up Preview for Event” created by Karen Wentzel and all of the Quantros “Follow-up Preview for Event” created by     Sheila Fuller and of the “Event Notes” shall be filed in the record under seal; and