fbpx
 

Forum

ARTICLES

The current [2013] statistical Car Traffic Crash Facts of Virginia’s Department of Motor Car (“DMV”) highlights the increasing involvement of speeding in fatal vehicle accidents. Despite overall vehicle crash fatalities decreasing last year, speed-related deaths increased almost 10% in 2013, with almost 50% of all...

Since 2008, the Centers for Medicare & Medicaid Services of the United States Department of Health & Human Service have targeted hospital patient “falls and trauma” as a selected hospital-acquired condition, i.e., a so-called “Never Event,” for which it does not reimburse hospitals. The Agency...

The Virginia Department of Motor Cars (“DMV”) publishes its Car Traffic Crash Facts annually. Its current [2013] edition underscores the increasing significance of alcohol in deadly vehicle crashes. In 2013, although overall vehicle crash deaths decreased in Virginia, alcohol-related crash fatalities increased more than 10% from...

On December 12, 2014, the Virginia Supreme Court issued its unpublished per curiam Order in McFadden v. Kiernan, Record No. 140369. It is a medical malpractice case involving disputed expert testimony. In McFadden, plaintiff patient objected to and appealed defendant doctor being permitted to testify as...

Trial is the monthly magazine for American Association for Justice (“AAJ”), formerly American Trial Lawyers Association (“ATLA”). Its issue for December, 2014, is entitled “Civil Rights”. December Trial’s 4 lead articles are: “Tips for Representing LGBT Clients,” subheaded “Sensitivity and knowledge are key to advocating for...

On December 4, 2014, Mr. Waterman settled the personal injury claim of a Hampton motorist arising out of a two-car crash on Maxwell Lane at the intersection of Warwick Boulevard in Newport News, Virginia. The offending Newport News motorist ran a red light and broadsided...

On December 11, 2014, Mr. Waterman settled without filing suit a car accident case involving an offending Newport News driver and a victim pedestrian, who initially was treated at Sentara Williamsburg Regional Medical Center and then followed with Williamsburg Foot and Ankle Specialist, Reach O&P...

On December 8, 2014, Virginia Lawyers Weekly covered a very favorable ruling obtained by Mr. Waterman, headlining “Discovery of hospital policy OK in malpractice suit”. Id. at 2. The case is Rauchfuss v. Schultz, No. CL1302754V-04, in Circuit Court for the City of Newport News,...

On October 27, 2014, the Center for Justice & Democracy (“CJ&D”) at New York Law School published online “Fact Sheet: New Studies Show: ‘Caps’ on Damages Ruin Health Care”. The coverage notes that “Illinois’ and Georgia’s caps were found unconstitutional in 2010,” id. at 2...

On December 3, 2014, Mr. Waterman settled without filing suit a two-car crash claim arising out of a collision on Jefferson Avenue near Kingsway Drive in Newport News, Virginia. The MVA victim was taken by ambulance of Newport News EMS to the Emergency Room of...

On October 31, 2014, the Virginia Supreme Court upheld the trial court finding police sovereign immunity for “exercised discretion” in McBride v. Bennett, No. 131301, a vehicle accident lawsuit for wrongful death of a victim bicyclist. Id. at *1-10. Two Justices concurred with the majority...

Trial is the monthly publication of the American Association for Justice (“AAJ”), formerly the American Trial Lawyers Association (“ATLA”). Its issue for November, 2014, focuses on the special cases of product liability, and is entitled “Product Liability: What lurks behind the label?” Four lead articles in...

On October 31, 2014, the Virginia Supreme Court in the ATV-crash case of Lasley v. Hylton, No. 132048, found that “a host owes a child social guest a legal duty to exercise reasonable care for the child’s safety.” Id. at *13. “We also conclude that...

On October 31, 2014, a sharply divided Virginia Supreme Court decided in favor of Plaintiff on rehearing of a wrongful death appeal arising out of a truck-train collision, RGR, LLC v. Settle, No. 130633, upholding a $3,085,205.48 jury verdict. On August 1, 2014, the Court...

Washington Lawyer is the official journal of the District of Columbia Bar. A feature article in its issue for November, 2014, is “A FLAWED RECORD: THE FRAGILITY OF WITNESS MEMORY”. Id. at 22-29. Although the Washington Lawyer article focuses on the special case of fragile witness...

On October 27, 2014, Mr. Waterman was nominated for a Litigator Award by the Trial Lawyer Board of Regents based on his million-dollar settlements and multi-million dollar verdicts in medical malpractice and brain injury cases during the past 5 years. Less than 1% of litigators...

On October 31, 2014, the Virginia Supreme Court issued Fiorucci v. Chinn, No. 131869, affirming a jury verdict in favor of the patient against the doctor for medical malpractice. It held the circuit court did not err in “excluding evidence of the risk of surgery...

On October 24, 2014, the Virginia Supreme Court by Order in Clark v. Health Tech Resources, LLC, Record No. 132042, distinguished its holding in Kocher v. Campbell, 282 Va. 133 (2011) re the standing of a Bankruptcy petitioner to maintain a personal injury action after...

Mr. Waterman’s law firm, Patten, Wornom, Hatten & Diamonstein, L.C., has received a First Tier ranking among “Best Law Firms” in the 2015 Edition of U.S. News & World Report - Best Lawyers. This is a repeat recognition. “Firms included in the 2015 ‘Best Law Firms’...

On Halloween, October 31, 2014, Plaintiff’s Motion to Compel Discovery of Riverside Defendants was heard by Newport News Circuit Court in the medical malpractice lawsuit of Joanne T. Rauchfuss, Administratrix v. Roger E. Schultz, M.D., Hampton Roads Urology, Riverside Physician Services, Inc., Riverside Medical Group,...

On October 20, 2014, Virginia Lawyer’s Weekly covered a medical malpractice case of Mr. Waterman under “The Week’s Opinions”. Its headline is “MEDICAL MALPRACTICE: Discovery Ordered in Nursing-Home Patient Fall”. Id. at 17. The case is Snovell v. Williamsburg Facility Operations, LLC d/b/a Consulate Health Care...

On October 15, 2014, Reuters Health headlined online “Malpractice laws that favor doctors fail to cut health costs: study,” http://www.reuters.com/article/2014/10/15/us-healthcare-costs-malpractice-law-idUSKCN0I42OR20141015;” and National Public Radio broadcast similarly last week. This exposes as baseless the decades-long propaganda of healthcare/insurance interests to the contrary that is designed to...

The Trial Lawyer is the quarterly publication of The National Trial Lawyers Top 100 Trial Lawyers. Its issue for Fall 2014 is entitled “The IMMIGRATION DEBACLE”. A feature article involves vehicle crashes: “SECRET DEFENSE TACTICS IN INTERSTATE TRUCKING LITIGATION; HOW DOES YOUR LAW FIRM STACK UP...

On October 17, 2014, Mr. Waterman settled a lawsuit arising out of a two-car crash on 25th Street in Newport News, Virginia. His client was treated by Newport News Emergency Medical Service, Riverside Regional Medical Center, Riverside Emergency Physicians, and Peninsula Radiological Associates for head,...

Trial is the monthly law journal of the American Association for Justice (“AAJ”), formerly the American Trial Lawyers Association (“ATLA”). Its issue for October, 2014, is entitled “INSURANCE” and subtitled “Are your clients covered?”. Trial’s October lead articles are “The Future of Future Medical Damages,” id....

In medical malpractice cases, hospitals are resisting patient requests for the audit trails and underlying metadata of their electronic medical record. However, Virginia’s Health Records Privacy Act is some good patient authority.   It requires: “Health care entitles shall disclose health records to the individual who is...

The Virginia Supreme Court opined in Kohn v. Marquis, No. 131162, on September 12, 2014. It affirmed summary judgment on plea in bar, finding that the Virginia Workers’ Compensation Act barred third-party lawsuit for alleged wrongful death. Id. at 9. In Kohn, it was undisputed that...

AAJ’s September 2014 issue of Trial also featured two medical malpractice writings. A lead article is “ETHICAL PITFALLS IN NURSING HOME LITIGATION,” Id. at 16-21; a “Verdicts & Settlements” report is “Failure to Timely Reposition Leg During Surgery,” which touts a $630,000.00 mediated settlement. Id....

Trial is the monthly journal of the American Association for Justice (“AAJ”), formerly the American Trial Lawyers Association (“ATLA”). Its issue for September 2014 is entitled “Protecting the Vulnerable”. Lead Trial articles are “FIGHTING HAZING IN COURT,” id. at 22-26; “CHANGING THE CULTURE OF BULLYING ONE...

At discovery hearing on September 17, 2014, Mr. Waterman prevailed in the patient fall lawsuit for wrongful death of Snovell v. Williamsburg Facility Operations, LLC D/B/A Consulate Health Care of Williamsburg, No. CL12-4966 in Circuit Court for York County, Virginia; for which an Order was...