The 2016 shooting of a psychiatric patient by a Lynchburg hospital security guard has produced two lawsuits based on unusual claims, neither one targeting the guard who actually fired the shots. One lawsuit – filed Oct. 13 – complains that ...
Read More »Defense expert testimony lacked foundation
The Supreme Court of Virginia has overturned a trial result based on a finding that an expert was allowed to testify without a proper foundation once again. While most such cases involve plaintiffs’ experts, here it was a defense expert ...
Tagged with: Medical Malpractice Supreme Court of Virginia
Read More »Dentist beats city hall in fight over relocation
A contentious condemnation case has produced a federal court ruling that the city of Virginia Beach is liable for violating the constitutional rights of a dentist and his practice. Among the judge’s findings is the conclusion that the city unlawfully ...
Tagged with: Condemnation Judge Henry Coke Morgan Jr. U.S. District Court - Eastern District
Read More »‘The bad guys WILL get in’
Lawyers who once sought stronger firewalls and tighter security to keep the bad guys out of their computer files are now hearing a sobering new message. “The bad guys will get in, and you better plan for the crisis,” was ...
Tagged with: Ransomware Technology Virginia State Bar
Read More »Doctors fail to win protection of birth fund
Physicians sued for a child’s birth injuries failed to bring their case into the Virginia Birth-Related Neurological Injury Fund in a ruling last month from the Court of Appeals of Virginia. The court’s decision – combined with recent legislation – ...
Read More »Court rules misplaced surgery is not battery
The Supreme Court of Virginia has rerouted a short cut to recovery for some surgery patients. The court ruled this month that a surgeon who mistakenly operated on the wrong level of a patient’s spine cannot be sued for battery. ...
Read More »Med mal contrib decision will stand
A judge’s decision to allow a contributory negligence defense in a medical malpractice case has been upheld by the Supreme Court of Virginia. The court last month decided not to take up an appeal in the case of an emergency ...
Read More »Who needs a jury?
As the nation’s courts wrestle with rules for nursing home arbitration agreements, one Virginia lawyer says he’s making arbitration work for his clients in nursing home cases. Not all his colleagues are on board, however. The issue is a familiar ...
Read More »Encouraging good faith negotiation: Delegate floats med-mal cost-shifting rule
A Virginia legislator says the state’s medical malpractice cap can prolong litigation and force needless trials in some cases. Representatives of doctors and trial lawyers have agreed to study a possible remedy for potential action next year. Del. Greg Habeeb, ...
Read More »Hospitals prep for fight over regulation
The 2017 General Assembly is expected to be a battleground for medical providers divided over the state’s tight regulation of medical start-ups. Some physicians say they should have the right to open a surgery center or other facility without having ...
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