On May 8, 2018, Circuit Court for City of Lynchburg, Virginia, granted the medical malpractice Plaintiff’s Motions to Compel, found multiple key materials to be discoverable, and ordered Defendants to produce them. The case is Carwile v. Centra Health, Inc., No. CL16-823.

Carwile ruled that Plaintiff was entitled to:

  1. “Policies, procedures, and protocols relating to the Plaintiff’s care,” id. at 1-2;
  1. “Bylaws, rules, and guidelines”, id. at 2;
  1. “All factual information concerning Plaintiff’s care and treatment, including that contained in memoranda, notes, and other documents of the Centra Defendants’ attorneys and risk management,” because “factual information and the identification of persons with knowledge of the facts is not privileged by the attorney-client privilege or protected by the work product doctrine,” Id. at 2-3;
  1. Virginia Supreme Court Rule 4:5(b)(6) Deposition of Centra Health, Inc. through “one or more officers, directors, managing agents, or other persons to testify as to matters known or reasonably available to the organization on which examination is requested,” id. at 3; and
  1. “The complete audit trail of Plaintiff’s medical records [and] the requested user audit trails . . . in electronic form on a thumb drive, desk, or other device”. Id. at 3-4.