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 ...Read More »
Patient’s shooting at hospital brings odd lawsuits
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 »
Million-dollar defense verdicts
In 2016, our sister publication, Virginia Lawyers Weekly, reported 16 medical malpractice defense wins in which the plaintiff sought a recovery of $1 million or more. For inclusion in the survey, the final demand or amount sued for must have ...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 VirginiaRead 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 DistrictRead More »
MD with dual role claims immunity
An anesthesiologist at the University of Virginia Medical Center who allegedly mismanaged a patient’s intubation says he is immune from a medical malpractice suit filed by the patient’s estate. Relying on a Supreme Court of Virginia decision issued a year ...
Tagged with: Judge Glen E. Conrad Medical Malpractice Supreme Court of Virginia U.S. District Court - Western DistrictRead More »