Virginia: Patient Falls – a Lawyer’s Motions

In Shirley Frazier Burrell v. Riverside Hospital, Inc., et al., No. CL1101633F15 in Circuit Court for the City if Newport New, Virginia, the deadline for filing post-trial motions is December 14, 2012. In anticipation of Defendant Riverside appealing versus paying Mr. Waterman’s client the statutory medical malpractice “cap” of $1,800,00.00, Plaintiff is filing Motion for Recovery of Costs and Motion to Set Appeal Bond.

If Defendant Riverside does notice an appeal, the patient fall victim will cross-appeal against Riverside and Co-Defendant, Nurse Melanie Ames. Plaintiff’s appellate grounds will feature “first impression” questions such as the admissibility of Riverside’s restraint policy, its fall protocol, and its bill write-off as evidence.