Category: Long Term Care Litigation

Virginia Creates Duty to Preserve Potential Evidence

April 12, 2019 | by: Laura Lee Miller | Leave a Comment

On March 21, 2019, Governor Northam signed Senate Bill 1619 into law, changing what remedies are available to a court faced with a potential litigant or a party who has recklessly deprived another party of evidence. The new statute provides: A party or potential litigant has a duty to preserve evidence that may be relevant to reasonably foreseeable litigation. In determining whether and at what point such a duty to preserve arose, the court shall include in its consideration the totality of the circumstances, including the extent to which a party or potential litigant was on notice that specific and … Continue reading

Fourth Circuit Holds That The Accidental Disclosure of Medical Records on the Internet Triggered Duty to Defend

April 14, 2016 | by: Rob Friedman | Leave a Comment

In Travelers Indemnity Company of America v. Portal Healthcare Solutions, LLC, the Fourth Circuit recently affirmed a federal district court’s determination that a class action lawsuit arising out of a medical records safekeeping firm’s alleged failure to safeguard confidential medical records triggered an insurer’s duty to defend under a policy that afforded coverage for damages arising out of “electronic publication of material that… gives unreasonable publicity to a person’s private life” or the “electronic publication of material that… discloses information about a person’s private life” (the specific policy language changed at renewal, but the court found them materially identical). In the … Continue reading

Don’t Fall Down on the Job: The Importance of Following and Documenting Protocol

November 13, 2014 | by: Lisa H. Leiner | Leave a Comment

The standard of care for a nursing home requires a comprehensive assessment of each resident upon admission.  The resident’s functional status is assessed to determine whether they can perform activities of daily living.  The assessment allows the nursing home to identify risks to its residents and implement the appropriate interventions to address the areas of concern. When faced with an increased risk for falling, some interventions may include increased room checks, a lower bed, and use of a bed alarm and bed mat.  These interventions form the basis for the resident’s fall risk care plan. In October 2014, the USDC … Continue reading

Is the Demurrer Officially Dead In Negligence Cases?

January 14, 2014 | by: HCCW | Leave a Comment

It is increasingly difficult for defendants to win at the demurrer stage in negligence cases in Virginia.  A recent Virginia Supreme Court decision further eviscerated the power of the demurrer and confirmed the Court’s apparent change in direction on this issue, away from the requirement that Plaintiffs must allege proximate cause and toward an interpretation of Rule 3:18 that allows facts tantamount to res ipsa loquitur to survive demurrer. In Patel v. Williamsburg Indoor Sports Complex, LLC et. al., Record No. 130237, November 22, 2013, the Supreme Court of Virginia reversed the trial court’s grant of the defendant’s demurrer without … Continue reading

Recent HCCW Presentations

October 18, 2013 | by: HCCW | Leave a Comment

Lynne Jones Blain and Danielle Giroux were panel members at The Richmond Metropolitan Area Local and Specialty Bar Associations’ 22nd Annual Bench-Bar Conference in Richmond, Virginia, on October 17, 2013.  Ms. Blain presented the Top 10 Bankruptcy Pitfalls Every Civil Litigator Should Avoid, educating attorneys on the issues that may arise in litigation based on a party’s bankruptcy filings.  Ms. Giroux presented on the topic of Effective and Ethical Use of Social Media in Litigation, discussing the emerging trends and challenges of using social media in discovery and at trial. On October 3, 2013, Jeremy Capps and Lisa Leiner, presented … Continue reading