Virginia: Patient Falls – a Lawyer’s Exhibits

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On March 21, 2016, the Virginia Supreme Court awarded Mr. Waterman another writ of certiorari in his companion appeals of the consolidated declaratory judgment actions, Cherrie v. Virginia Health Services, Inc. c/w Davis v. Virginia Health Services, Inc., Record No. 151758.  As sought by his underlying Motion, the writ requires the Clerk for Circuit Court for the City of Newport News, Virginia, to send to the Virginia Supreme Court Plaintiffs’ three trial exhibits that were missing from the record originally certified: “Plaintiffs’ Trial Exhibit 1 (Defendant’s Response to Plaintiffs’ Request for Admission to Defendant); Plaintiffs’ Trial Exhibit 2 (Defendant’s Response to Plaintiffs’ Supplemental Requests for Admission); and Plaintiffs’ Trial Exhibit 3 (7/2/2015) Complaint with Exhibit List)”.  Id.

In medical malpractice actions separate from Cherrie and Davis, both Plaintiffs allege that the patients were residents of the same Defendant nursing facility at its Gloucester and Lancaster locations, respectively, with each patient suffering 3 falls on-premises, requiring emergency hospitalization, and nonetheless suffering wrongful death.  Their companion appeals arise from adverse consolidated declaratory actions which sought to vindicate the claimed rights of the Plaintiff estate representatives to review nursing facility policies upon request pursuant to 12 VAC 5-371 – 140(G).