Virginia: Nursing Homes – a Lawyer’s Policies

Virginia: Nursing Homes – a Lawyer’s Policies

Mr. Waterman recently filed companion declaratory judgment actions in Circuit Court for the City of Newport News, Virginia, Patrick Lee Cherrie, Administrator of the Estate of Gerda A. Harvey, Deceased v. Virginia Health Services, Inc., No. CL1403234F-15, and Hubbard A. Davis, Executor of the Estate of James Clifton Davis, Jr., Deceased v. Virginia Health Services, Inc., No. CL1403233T-01. The cases arise out of Defendants’ “fall risk” patients falling repeatedly at its Walter Reed Convalescent and Rehabilitation Center and its Lancashire Convalescent and Rehabilitation Center, respectively, and allegedly dying wrongfully from medical malpractice for Defendant’s failure to take standard “fall risk” precautions, including particularly it not using “bed alarms” in inventory.

The Estate representatives of the deceased nursing home residents in Cherrie and Davis had requested the nursing home provide its policies prior to litigation discovery, which requests Virginia Health Services, Inc. denied. Hence, Plaintiffs seek the Court to declare they are entitled VHS’ policies pursuant to 12 VAC 5-371-140(G), which requires: “Policies shall be made available for review, upon request, to residents and their designated representatives.” (emphasis added).