26 Feb Virginia: Patient Falls – a Lawyer’s Policies
On February 24, 2016, the Virginia Supreme Court granted writ of certiorari in Mr. Waterman’s consolidated patient fall cases, Patrick Lee Cherrie, Administrator of the Estate of Gerda A. Harvey, Deceased, and Hubbard A. Davis, Executor of the Estate of James Clifton Davis, Jr., Deceased v. Virginia Health Services, Inc., Record No. 151758. In the underlying companion Cherrie and Davis declaratory judgment actions, both patients of the same nursing home headquartered in Newport News (VHS) died after falling on-premises 3 times apiece allegedly without standard fall prevention being undertaken, and their plaintiff estate representatives were denied VHS’ policies when requested pursuant to 12 VAC 5-371-140(G).
The two questions presented by Cherrie and Davis appeal are:
- Whether the trial court erred in finding that only current residents or their designated representatives are entitled to review policies of a nursing facility upon request under 12 VAC 5-371-140(G)?
- Whether the trial court erred in finding that former residents of a nursing facility, personal representatives of former residents of a nursing facility and/or an administrator or executor of the estate of a former resident of a nursing facility are not entitled to review policies of a nursing facility under 12 VAC 5-371-140(G)?
Briefing should be complete by May, 2016; oral argument and written decision are anticipated this Summer.
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.