Virginia: Patient Falls – a Lawyer’s Motion

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On August 10, 2012, Mr. Waterman filed Plaintiff’s Second Motion to Compel against Defendants in the medical malpractice case of Shirley F. Burrell v. Riverside Hospital, Inc., No. CL1101633F-15 in Circuit Court for the City of Newport News, Virginia. Among other things, Riverside now objects to answering about and to producing it’s fall risk assessment and intervention materials that it taught to its nursing students, its new nursing employees, and its existing nursing employees – which materials support the Plaintiff fall victim’s position and contradict Riverside’s position in Burrell.

In an earlier patient fall case, Riverside Hospital, Inc. v. Johnson, 272 Va. 518 (2006), the Virginia Supreme Court upheld the discovery and the admissibility of Riverside’s similar nursing school, orientation, preceptorship, and in-service materials. Mr. Waterman obtained a $1,600,000.00 jury verdict against Riverside in Newport News Circuit Court in Johnson.