After a five-day trial marked by a series of evidence rulings, a Lynchburg jury rejected the negligence claims of a nursing home patient who was injured when he leapt from a third-floor window. Despite claims that the nursing home staff ...
Read More »Gov. Northam pardons fetus defendant
Gov. Ralph Northam has granted an absolute pardon erasing the conviction of a Franklin County woman for discarding the remains of a stillborn fetus. The case, little noticed at first, became a lightning rod in the abortion rights debate after ...
Read More »Peer review privilege waived over discovery
A Montgomery County judge ordered a hospital to turn over its peer review reports to lawyers pursuing a wrongful death medical malpractice claim after concluding the hospital had waived the privilege protection through discovery lapses. The judge ruled that hospital ...
Read More »Supreme Court draws boundaries for medical experts
One expert should have been heard; another was heard but fell short on linking negligence to damages. Those were the rulings from the Supreme Court of Virginia last month in two medical malpractice cases that help define standards for expert ...
Read More »Informed consent case founders on speculation
Family members’ speculation about a patient’s reluctance to have surgery was not enough to support an informed consent case after the patient died following gallbladder surgery, the Supreme Court of Virginia ruled last month. The case focused on the admissibility ...
Read More »Doctors caught in legislative crossfire
Three business-friendly tort reform measures offered at the 2018 General Assembly triggered a trial-lawyer counter-attack this month with bills that would remove the cap on punitive damages, allow claims for loss of consortium, and open avenues of recovery for crime ...
Read More »Plaintiff wins access to nursing home training materials
Another judge has allowed a medical malpractice plaintiff to examine health care training materials over the objection of a defendant nursing home. Gloucester County Circuit Judge Designate William H. Shaw III – a retired Middle Neck judge – allowed discovery ...
Read More »Expungement bid fails for doctor who was cleared
A Virginia doctor arrested after triggering suspicions on a college campus 20 years ago and tried for having a toxic chemical in a storage unit has lost his bid to have records of the charges removed from court records. Although ...
Read More »A Second Opinion
The Supreme Court of Virginia says a Henry County judge was too quick to force a hospital to accept 25 cents on the dollar for a heart patient hit with a surprise medical bill. The justices said the judge was ...
Read More »Judge blocks arbitration in nursing home case
Plaintiffs have scored another win in the battle over nursing home arbitration contracts. In the most recent trial court ruling, a Norfolk judge denied a rehabilitation facility’s bid to arbitrate – not just the underlying medical claim – but also ...
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