01 Nov Virginia – Legal Recognition – a Lawyer’s Dictionary
On October 30, 2015, Virginia Lawyer’s Weekly online headlined “Med-mal plaintiffs press for complete hospital records,” publicizing companion EMR Orders in Mr. Waterman’s medical malpractice case, No. CL1302754V-04(DP) in Newport News Circuit Court, “Joanne T. Rauchfuss, Administratrix of the Estate of George William Rauchfuss, Jr., Deceased v. Roger E. Schultz, M.D., Hampton Roads Urology, Riverside Physician Services, Inc., Riverside Medical Group, Benjamin J. Pettus, M.D., Peninsula Radiological Associates, LTD., Riverside Diagnostic Center – Williamsburg, Riverside Hospital, Inc., Riverside Health System, and Riverside Healthcare Association, Inc.”. The article recounts that the pair of electronic medical record rulings entered in the Rauchfuss wrongful death litigation entitle the patient to audit trails and metadata (including any “edit”); the “data dictionary” for the same; all “warning pop-ups, built-in alerts, other overrides, etc.”; and all “’differential diagnoses’ drop-downs” – and explains the significance of each one.
Virginia Lawyer’s Weekly online underscored that “with federal law mandating electronic records for both public and private healthcare providers, litigators and patient advocates should demand full access.” It quoted Mr. Waterman about his medical malpractice discovery in Rauchfuss: “It’s important at this early stage that we vindicate the patient’s entitlement to the complete record” and “I have been progressive and the court has been prescient.”
THE VIRGINIA STATE BAR REQUIRES ALL LAWYERS TO POST THE FOLLOWING DISCLAIMERS ON ALL CASE-RELATED POSTS. MR. WATERMAN’S CASE RESULTS AND CLIENT TESTIMONIALS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. THEY DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE BY HIM.