Virginia: Nursing Homes – A Lawyer’s Brief

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On April 4, 2016, Mr. Waterman filed Opening Brief of Appellants in his consolidated nursing facility appeals, Cherrie/Davis v. Virginia Health Servs., Inc., No. 151758 in the Supreme Court of Virginia, which now is posted on this website under “Practice” and thereunder “Nursing Homes”.  It raises the first impression issue whether deceased former residents of a nursing facility and their personal estate representatives are entitled to review facility policies under 12 VAC 5-371-140(G).

Notably, Cherrie and Davis each have pending in Gloucester Circuit Court and in Newport News Circuit Court, respectively, companion medical malpractice lawsuits for wrongful death against the same nursing home.  Both former residents were known high fall risks who each suffered three (3) in-patient falls in close time proximity, allegedly causing fatal brain injuries from which they died within a week, despite emergency hospitalization.