Virginia: Legal Recognition – a Lawyer’s WLI

Virginia: Legal Recognition – a Lawyer’s WLI

On May 2, 2018, WYDaily headlined Mr. Waterman’s medical malpractice case in Williamsburg: “Family sues Williamsburg Landing in mother’s fall-related death at nursing home”.  That wrongful death case is Scruggs v. Williamsburg Landing, Inc., et. al., No. CL1700087-00 in Circuit Court for the City of Williamsburg and James City County, Virginia.

Among other things, WYDaily reported that the Scruggs family had paid the nursing home about $600,000.00 to care for its resident patient; that nonetheless Williamsburg Landing, Inc. injured its resident patient at least 6 times before the fatal patient fall; that Williamsburg Landing, Inc. dropped its 87 year-old resident patient from a hoyer lift operated by only 1 staff member instead of the required 2 staff members; that Williamsburg Landing, Inc. did not provide adequate pain medication, management, and transfer for its injured resident patient; and that Williamsburg Landing, Inc. failed to correct known cited deficiencies beforehand.  “The complaint cites multiple surveys completed by the Virginia Department of Health in 2015 and 2016 which cited the nursing home for safety violations, including not immediately notifying a doctor when a patient fell, not developing an appropriate care plan for another patient, and more.”

The Honorable Michael J. McGinty, Williamsburg’s regularly sitting judge, recused himself from hearing the Scruggs nursing home case on May 3, 2018, because of his longstanding friendship with the victim Scruggs family.  Hearing will continue before a substitute judge on May 7, 2018, when the Scruggs family seeks to obtain patient records and papers that Williamsburg Landing, Inc. is withholding despite statutory request.

WYDaily reports further that the Scruggs family is suing for more than $2,000,000.00.  Although Williamsburg Landing, Inc. dodged reporter questions by asserting that it had not received the complaint “formally,” in fact it received the complaint “informally” last year . . . .