The aging of baby-boomers increasingly is placing demands on long-term healthcare institutions. Such institutions typically are nursing homes, but also may be assisted living facilities and other nursing care entities, including home health services.

These healthcare providers owe patients duties of care similar to those of hospitals and other medical centers. If their healthcare is not reasonably prudent and skillful and causes catastrophic injury, the institution, nurses and sometimes doctors can be held liable.

Unfortunately, some patients are little more than “warehoused” through such institutions. They become victims of patient falls, bed sores, systemic infections, malnutrition, dehydration, assault, battery, and other neglect.

In 2004, Mr. Waterman obtained a favorable jury award in Hampton for the wrongful death of a nursing home patient due to neglect by her primary care physician, whose medical license ultimately was revoked. In 2008, he obtained a favorable settlement in Newport News for another patient.

Currently Mr. Waterman has four patient fall cases against nursing homes in Williamsburg and Gloucester. Two have been filed, one in York County, the other in Gloucester.

In 2016, the Virginia Supreme Court granted Mr. Waterman an appeal in a pair of consolidated nursing home cases, Cherrie/Davis v. Virginia Health Servs., Inc., No. 151758, which raises the “first impression” question whether former residents are entitled to review upon request the policies of a nursing facility. His brief on behalf of Cherrie and Davis follows:

1. (4/4/16) Opening Brief of Appellants, Cherrie and Davis


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