Virginia: Patient Fall – a Lawyer’s Alarm

Virginia: Patient Fall – a Lawyer’s Alarm

At discovery hearing on September 17, 2014, Mr. Waterman prevailed in the patient fall lawsuit for wrongful death of Snovell v. Williamsburg Facility Operations, LLC D/B/A Consulate Health Care of Williamsburg, No. CL12-4966 in Circuit Court for York County, Virginia; for which an Order was entered October 1, 2014. The Defendant nursing home is required to provide the medical malpractice patient various information and materials, inter alia: (1) patient fall-related policies and procedures; (2) prior complaints about chair alarms; (3) post-fall chain-of-custody and destruction, loss and/or other disposition of the patient’s chair alarm; (4) the identity of all makers of all entries in the patient chart and other nursing home records; (5) standards, criteria, and requirements of pre-fall facility licensure; (6) patient billings, write-offs, and write-downs; (7) patient/family admissions/statements against interest; (8) prior patient falls; (9) prior legal claims, demands, suits, and proceedings re patient falls; (10) patient fall-related orientation, computer-based learning, in-services, and other instruction or teaching; and (11) educational attendance by the patient’s caretakers.

In Snovell, the nursing home patient allegedly fell after a chair alarm was not activated, did not receive timely treatment for her serious injuries, and died wrongfully; whereupon the nursing home destroyed the patient’s chair alarm, spoliating critical evidence. The patient’s Estate has sued for $4,550,000.00 on behalf of her widow, her children, and itself.

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.