Virginia: Patient Falls – a Lawyer’s Records

Virginia: Patient Falls – a Lawyer’s Records

In the medical malpractice case of Helen M. Eason, Administratix of the Estate of Mary Francis Taylor, Deceased, v. Sentara Hospitals, et al., No. CLI200470 in Circuit Court for the City of Hampton, Virginia, Mr. Waterman sought from Defendant Sentara Hospitals simply by HIPAA Authorization pursuant to Va. Code Ann. §8.01-413(B) certain key incident-related records that Sentara Hospitals created and maintained outside of the patient chart. However, Sentara Hospitals provided only redacted versions of its following records: (1) Incident Abstract (Detail) STARS; (2) SCH – Safety Hotline – Falls Log September, 2008; and (3) INFORMATION AND FOLLOWUP Disclosure Information MR.

Hence in the Eason wrongful death lawsuit, Mr. Waterman served a §8.01-413(C) Subpoena Duces Tecum on Sentara Hospitals and, when it moved to quash, filed a Motion to Enforce. As hearing on his Motion neared, however, Sentara Hospitals finally turned over unredacted copies of all 3 records, thereby avoiding potential adverse ruling.

Still, one of the Sentara Hospitals’ documents notes the creation of a “QCCR” (Quality Care Control Report). So the Eason patient fall matter remains on the docket for hearing on July 12, 2013.

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.