Medical Malpractice Law in Virginia

Medical Malpractice Law in Virginia
Publication Date: 2017
Electronic Forms: 15
Available Formats: Print (537 pages, softcover, 1 volume)
  Electronic (searchable PDF via flash drive, CD, or immediate download)
  Both Print and Electronic formats
Product #: 862

Information

Content Highlights:
  • Statutes and Rules
  • Theories Of Recovery And Defenses
  • Interviewing The Client
  • Investigating The Factual Background
  • Expert Review
  • Written Discovery
  • Depositions
  • Negotiation And Settlement
  • Trial

Medical Malpractice Law in Virginia is a “how to” guide to assist lawyers in the factual complexities and legal intricacies of medical malpractice litigation. Authored by some of the most experienced and highly regarded medical malpractice attorneys, it is the only book focused exclusively on the topic in Virginia. Even the most seasoned medical malpractice attorneys will find it useful.

The information is presented in a “chronological” format that takes readers through the sequence of events that constitute a malpractice claim, offering the perspectives of both attorneys for plaintiffs and attorneys for defendants. It includes the latest statutory and case law authority, as well as recommendations regarding the use of discovery, experts, and medical records.

This 2017 edition provides updated and expanded coverage of the many developments in this area of practice, including discovery of electronic medical records, audit trails, and metadata, the continuing treatment exception to the statute of limitations, qualification of experts, and evidence from treating physicians, to name just a few.


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Table of Contents

CHAPTER LIST

1. Statutes And Rules

2. Theories Of Recovery And Defenses

3. Interviewing The Client

4. Investigating The Factual Background

5. Expert Review

6. Written Discovery

7. Depositions

8. Negotiation And Settlement

9. Trial

CHAPTER 1: STATUTES AND RULES

1.1 HISTORY AND PURPOSE

1.2 PROCEDURES UNDER THE MEDICAL MALPRACTICE
ACT
    1.201 Scope of the Medical Malpractice Act
    1.202 Pleadings

1.3 MEDICAL MALPRACTICE REVIEW PANELS
    1.301 Procedural Requirements for Requesting a Panel
    1.302 Designation of Panel and Judge
    1.303 Miscellaneous Consequences of Requesting a Panel
    1.304 Panel Members
    1.305 Discovery
    1.306 Request for Hearing
    1.307 Notice Before Hearing
    1.308 Evidence
    1.309 Executive Session if No Ore Tenus Hearing Is Held
    1.310 Judicial Authority at Hearing
    1.311 Removal or Inspection of Record
    1.312 Subpoenas
    1.313 Conduct of an Ore Tenus Hearing
    1.314 Due Date of Panel Opinion
    1.315 Significance for Trial
    1.316 Record
    1.317 Costs

1.4 LIMITATION ON RECOVERY

1.5 STANDARD OF CARE AND EXPERT TESTIMONY
    1.501 Necessity of Expert Testimony
    1.502 Threshold for Qualification
    1.503 Factfinder Determines Standard of Care
    1.504 Examples

1.6 INCONSISTENCIES BETWEEN THE MEDICAL
MALPRACTICE RULES AND THE ACT
    1.601 In General
    1.602 Rescinding a Panel
    1.603 Notification
    1.604 Date for Convening the Panel

1.7 OTHER VIRGINIA STATUTES
    1.701 Communications Between Physicians and Patients
    1.702 Patient Records
    1.703 Discoverability of Incident Reports

1.8 STATUTES OF LIMITATIONS
    1.801 Personal Injury
    1.802 Wrongful Death
    1.803 Persons Under a Disability
    1.804 Fraud
    
1.9 VIRGINIA AND FEDERAL TORT CLAIMS ACTS
    1.901 Federal Tort Claims Act
    1.902 Virginia Tort Claims Act

1.10 PERSONS EXEMPT FROM LIABILITY FOR MEDICAL
NEGLIGENCE
    1.1001 Emergency Care
    1.1002 Nonemergency Care
    1.1003 Laboratory Tests

APPENDIX 1-1: RULES FOR PROCEEDINGS OF MEDICAL
MALPRACTICE REVIEW PANELS

APPENDIX 1-2: CHECKLIST FOR BRINGING AN ACTION UNDER
THE FEDERAL TORT CLAIMS ACT (FTCA)

APPENDIX 1-3: REQUEST FOR MEDICAL MALPRACTICE
REVIEW PANEL

CHAPTER 2: THEORIES OF RECOVERY AND DEFENSES

2.1 THEORIES OF RECOVERY

2.2 STANDARDS OF LIABILITY

2.3 STATUTE OF LIMITATIONS AND THE CONTINUING
TREATMENT EXCEPTION
    2.301 Statute of Limitations in General
    2.302 Extension of Statute of Limitations for Foreign
    Objects, Fraud, Concealment, Intentional
    Misrepresentation, and Negligent Failure to Diagnose
    Tumor, Cancer, or Schwannoma
    2.303 Minors
    2.304 Continuing Treatment Exception
    2.305 Survival and Wrongful Death Actions
    2.306 Incapacitated Persons
    
2.4 DAMAGE AWARDS
    2.401 Limits on Recovery
    2.402 Punitive Damages
    2.403 Prejudgment Interest
    2.404 Wrongful Death and Survival Actions
    2.405 Emotional Distress
    2.406 Contributory Negligence
    2.407 Contribution and Indemnity

2.5 IMMUNITY FOR HEALTH CARE PROVIDERS
    2.501 Sovereign Immunity
    2.502 Charitable Immunity
    2.503 Good Samaritan Rule
    2.504 Peer Review Activities
    2.505 Health Care Providers Investigating Complaints of
    Drug or Substance Abuse or Impairment of Health
    Care Professionals
    2.506 Laboratory Results and Examinations

2.6 VIRGINIA TORT CLAIMS ACT
    2.601 Introduction
    2.602 Exceptions
    2.603 Procedural Requirements
    2.604 Limits on Recovery
    2.605 Implications for Pretrial Settlement

2.7 ASSAULT AND BATTERY
    2.701 Introduction
    2.702 Medical Malpractice Act Applies
    2.703 Expert Testimony Not Required
    2.704 Informed Consent Distinguished

2.8 INFORMED CONSENT
    2.801 Overview
    2.802 Disclosure of Risks
    2.803 Causation
    2.804 Exceptions

2.9 VICARIOUS LIABILITY AND AGENCY
    2.901 Overview of the Master-Servant Relationship
    2.902 Scope of Employment
    2.903 Specific Cases

2.10 VIRGINIA BIRTH-RELATED NEUROLOGICAL INJURY
COMPENSATION ACT
    2.1001 Introduction
    2.1002 Birth-Related Neurological Injury Defined
    2.1003 Act Is Exclusive Remedy
    2.1004 “Participating” Providers
    2.1005 No Cap on Recovery
    2.1006 Statute of Limitations
    2.1007 Miscellaneous

CHAPTER 3: INTERVIEWING THE CLIENT

3.1 INTRODUCTION

3.2 INITIAL INTERVIEW
    3.201 In General
    3.202 Initial Agreement
    3.203 Client Questionnaire
    3.204 Credibility of the Client
    3.205 Credibility of the Claim

3.3 WHAT TO GET FROM THE CLIENT
    3.301 Initial Interview
    3.302 Medical Records
    3.303 Potential Witnesses, Photographs, and Employment
    Records
    3.304 Monetary Considerations

3.4 WHAT TO TELL THE CLIENT
    3.401 In General
    3.402 Informed Consent
    3.403 Reality Check
    3.404 Strengths and Weaknesses
    3.405 Procedure
    3.406 Statute of Limitations
    3.407 Written Opinions Before Service of Process
    
3.5 TURNING DOWN THE CASE
    3.501 Certified Letter
    3.502 Statute of Limitations
    3.503 Retaining Files

3.6 ACTION UPON REFERRAL OF CASE
    3.601 In General
    3.602 Determine Case Status
    3.603 Contact Client
    3.604 Draft Initial Communication

3.7 ACTION BEFORE INITIAL MEETING
    3.701 In General
    3.702 Contacting Insurer
    3.703 Contacting Plaintiff’s Attorney
    3.704 Meeting with Insurer
    3.705 Reviewing File
    3.706 Reviewing Medical Records
    3.707 Medical Research

3.8 INITIAL MEETING
    3.801 In General
    3.802 Purpose of Meeting
    3.803 Participants
    3.804 Discussion
    3.805 Timetable
    3.806 Conclusion

3.9 INSTITUTIONAL CLIENT

APPENDIX 3-1: FEE AGREEMENT

APPENDIX 3-2: INITIAL LETTER TO PLAINTIFF

APPENDIX 3-3: INITIAL LETTER TO DEFENDANT

CHAPTER 4: INVESTIGATING THE FACTUAL BACKGROUND

4.1 APPLYING DARWINIAN CONCEPTS TO CASE
SELECTION: “ONLY THE STRONGEST SURVIVE”
    4.101 Defendants’ Advantages
    4.102 Elements Necessary for Prima Facie Case
    4.103 The “Difficult” Client
    4.104 Elements of a Viable Claim
    4.105 Active Participation of Client

4.2 INITIAL INVESTIGATION
    4.201 In General
    4.202 Medical Records
    4.203 Interviews
    4.204 Chronology and Time Lines
    4.205 Identification of Defendant’s Practice Guidelines
    4.206 Medline, FDA, and FOI Searches
    4.207 Courthouse Check
    4.208 Virginia Board of Medicine

4.3 MEDICAL RECORDS
    4.301 Obtaining Medical Records
    4.302 Release of Confidential Information
    4.303 Subpoenas
    4.304 Types of Medical Records That Can Be Obtained
    4.305 Interpreting Medical Records

4.4 OTHER DOCUMENTS
    4.401 Documents Relating to Incident
    4.402 Other Sources
    4.403 Patient Information Documents
    4.404 Practitioner Information Documents
    4.405 General Medical Information

4.5 TESTIMONIAL EVIDENCE
    4.501 In General
    4.502 Lay Witnesses
    4.503 Expert Witnesses
    4.504 Treating Health Care Personnel

APPENDIX 4-1: CHRONOLOGY EXAMPLES

APPENDIX 4-2: ABBREVIATIONS IN MEDICAL RECORDS

APPENDIX 4-3: EQUIVALENTS AND SYMBOLS

APPENDIX 4-4: ORGANIZATIONS PUBLISHING PRACTICE
GUIDELINES

CHAPTER 5: EXPERT REVIEW

5.1 INTRODUCTION

5.2 IS AN EXPERT NEEDED?
    5.201 General Rule: Establishing a Prima Facie Case
    5.202 Exceptions to the General Rule: When Expert
    Witnesses May Not Be Needed

5.3 DETERMINING THE TYPES AND NUMBER OF EXPERTS
REQUIRED
    5.301 Limitation on Number of Experts
    5.302 Standard of Care Experts
    5.303 Using Subsequent Treaters to Screen Cases
    5.304 Qualifications for Standard of Care Experts
    5.305 Causation and Damage Experts

5.4 FINDING EXPERTS
    5.401 In General
    5.402 Academicians
    5.403 Medical Literature and Medline
    5.404 Professional Locating Services
    5.405 Referral From Attorneys and Legal Publications
    5.406 Treating Physicians as Experts

5.5 DETERMINING WHICH EXPERTS WILL BE MOST
EFFECTIVE
    5.501 In General
    5.502 Credibility
    5.503 Ability to Testify
    5.504 Tailoring Experts to a Particular Case
    5.505 Using Defense Experts

5.6 EXPERT REVIEW AND PREPARATION
    5.601 In General
    5.602 Initial Contact and Selection
    5.603 Preparing for the Expert’s Review

5.7 CERTIFICATION REQUIREMENT
    5.701 In General
    5.702 Content of Certification
    5.703 Certification Form
    5.704 Discoverability of Certifying Expert

5.8 NUMBER OF EXPERTS TO BE RETAINED
    5.801 Initial Review
    5.802 Litigation
    
5.9 DOCUMENTATION OF EXPERT OPINIONS
    5.901 Internal Memorandum
    5.902 The Expert Designation
    5.903 Provide Copy of Designation to All Experts

5.10 PREPARING EXPERTS FOR DEPOSITION AND TRIAL
    5.1001 Preparing for Deposition
    5.1002 Preparing for Trial
    5.1003 Use of Medical Treatises, Periodicals, or Pamphlets at
    Trial
    5.1004 Use of Expert’s Own Practices as Evidence of the
    Standard of Care

5.11 DISQUALIFICATION OF EXPERTS

APPENDIX 5-1: SAMPLE LETTER REQUESTING
CERTIFICATION

APPENDIX 5-2: SAMPLE LETTER VERIFYING CERTIFICATION

APPENDIX 5-3: CHECKLIST FOR EVALUATING POTENTIAL
EXPERTS

APPENDIX 5-4: CERTIFICATION THAT EXPERT’S OPINION
OBTAINED

APPENDIX 5-5: SAMPLE FORM FOR EXPERT DESIGNATION

APPENDIX 5-6: INSTRUCTIONS FOR EXPERT WITNESSES AT
DEPOSITION

CHAPTER 6: WRITTEN DISCOVERY

6.1 INTRODUCTION

6.2 SCOPE OF DISCOVERY
    6.201 In General
    6.202 “Not Privileged”
    6.203 “Relevant to the Subject Matter Involved in the
    Pending Action”
    6.204 “Reasonably Calculated to Lead to the Discovery of
    Admissible Evidence”

6.3 TYPES OF WRITTEN DISCOVERY
    6.301 Interrogatories
    6.302 Requests for Production of Documents
    6.303 Subpoena Duces Tecum
    6.304 Alternatives to Subpoena Duces Tecum
    6.305 Requests for Admission

6.4 OBJECTIONS TO WRITTEN DISCOVERY
    6.401 Grounds in General
    6.402 Undue Burden
    6.403 Materials Prepared in Anticipation of Litigation
    6.404 Work Product Doctrine
    6.405 Privilege Under Section 8.01-581.17
    6.406 Motion to Quash Subpoena Duces Tecum
    6.407 Improper Objections

6.5 SUPPLEMENTATION OF DISCOVERY RESPONSES
    6.501 Mandatory Supplementation
    6.502 Other Supplementation

6.6 PROTECTIVE ORDERS
    6.601 Grounds for Motion
    6.602 Forms of Relief
    6.603 Expenses of Motion
    6.604 Case Law

6.7 REMEDIES FOR FAILURE TO MAKE WRITTEN
DISCOVERY
    6.701 Motion to Compel
    6.702 Sanctions for Failure to Comply with Discovery Order
    6.703 Sanctions for Failure to Respond to Written Discovery
    6.704 Section 8.01-271.1 and Rule 1:4(a)

6.8 PRETRIAL ORDERS AND WRITTEN DISCOVERY
    6.801 Agreed Orders
    6.802 Uniform Pretrial Scheduling Order

6.9 WRITTEN DISCOVERY IN FEDERAL COURT
    6.901 In General
    6.902 Federal and Virginia Rules Compared
    6.903 Eastern District of Virginia
    6.904 Western District of Virginia
    6.905 Pretrial Orders

6.10 IMPORTANT SUBJECTS OF WRITTEN DISCOVERY
    6.1001 Plaintiff’s Perspective
    6.1002 Defendant’s Perspective
    6.1003 Subjects to Be Discovered by Both Parties

APPENDIX 6-1 MEDICAL RECORDS RELEASE AUTHORIZATION

APPENDIX 6-2: ORDER

APPENDIX 6-3: SUBPOENA

APPENDIX 6-4: PLAINTIFF’S INTERROGATORIES AND
REQUEST FOR PRODUCTION OF DOCUMENTS

APPENDIX 6-5: DEFENDANT’S INITIAL INTERROGATORIES TO
PLAINTIFF

APPENDIX 6-6: DEFENDANT’S FIRST REQUEST FOR
PRODUCTION TO PLAINTIFF

APPENDIX 6-7: WRITTEN DISCOVERY CHECKLISTS

CHAPTER 7: DEPOSITIONS

7.1 OVERVIEW OF VIRGINIA LAW CONCERNING
DEPOSITIONS
    7.101 Types of Depositions and General Methods of
    Conducting Them
    7.102 Timing, Number, Length, and Order of Depositions
    7.103 Location of Deposition
    7.104 Unavailability of Counsel for Deposition
    7.105 Audiovisual and Other Means of Recording
    7.106 Right to Read and Sign Witness Deposition
    7.107 Compensation of Deposition Witnesses
    7.108 Use of Depositions in Court Proceedings
    7.109 Leading Questions
    7.110 Objections: Timing and Waiver
    7.111 Instructing Witness Not to Answer

7.2 SHOULD COUNSEL DEPOSE ANY PARTIES OR
WITNESSES?

7.3 PREPARING TO DEPOSE THE DEFENDANT
    7.301 Initial Research and Planning
    7.302 Obtaining and Reviewing Medical Records
    7.303 Researching the Defendant
    7.304 Understanding Medical Issues
    7.305 Audiovisual Recording of Deposition

7.4 PREPARING TO DEPOSE WITNESSES

7.5 PREPARING THE PLAINTIFF FOR DEPOSITION
    7.501 Plaintiff’s Weaknesses and Strengths
    7.502 Plaintiff’s Criminal History
    7.503 Social Media Communications
    7.504 Contributory Negligence
    7.505 Failure to Mitigate Damages

7.6 PREPARING PLAINTIFF’S EXPERT FOR DEPOSITION
    7.601 Need for Expert Testimony
    7.602 Experts on Standard of Care and “Negligence”
    7.603 Experts on Proximate Causation
    7.604 Experts and Credibility Testimony
    7.605 Non-Medical Doctor Experts
    7.606 “Specialized Knowledge” Versus Common Experience
    7.607 Exclusion of Expert Based on Deposition Testimony
    7.608 Opinion or Conclusion Testimony
    7.609 Medical Literature

7.7 DEPOSITION GUIDELINES
    7.701 Broad Scope of Discovery Requests
    7.702 General Areas of Inquiry for Deposing the Defendant
    7.703 General Areas of Inquiry for Deposing Opponent’s
    Expert Witnesses

7.8 SUMMARY

7.9 PRELIMINARY MATTERS
    7.901 Reviewing and Analyzing the File
    7.902 Meeting with the Client
    7.903 Meeting with the Experts
    7.904 Reviewing Applicable Law
    7.905 Informal Interview as Alternative to Deposition
    7.906 Timing of Discovery

7.10 TAKING THE DEPOSITION OF THE PLAINTIFF OR
OTHER FACT WITNESS
    7.1001 Preparing for Deposition
    7.1002 The Deposition Itself

7.11 DEFENDING A DEFENDANT’S DEPOSITION
    7.1101 In General
    7.1102 Reviewing the File
    7.1103 Preparing the Defendant for Deposition
    7.1104 Protecting the Defendant During the Deposition
    7.1105 Incident Reports
    7.1106 Defendant’s Policies and Procedures
    7.1107 Dual Role of Defendant
    
7.12 TAKING AN EXPERT’S DEPOSITION
    7.1201 Before the Deposition
    7.1202 During the Deposition
    
7.13 DEFENDING A DEFENSE EXPERT’S DEPOSITION
    7.1301 Timing of Deposition
    7.1302 Preparing the Expert Deponent
    7.1303 Protecting the Expert During the Deposition
    7.1304 Discovery of Expert’s Knowledge of Attorney Work
    Product

APPENDIX 7-1: SAMPLE MEDICAL CHART AND TIME LINE

CHAPTER 8: NEGOTIATION AND SETTLEMENT

8.1 GENERAL CONSIDERATIONS
    8.101 Plaintiff’s Perspective
    8.102 Defendant’s Perspective

8.2 STRATEGIES AND TACTICS
    8.201 Plaintiff’s Perspective
    8.202 Defendant’s Perspective

8.3 MEDIATION AND ARBITRATION
    8.301 Mediation
    8.302 Arbitration

8.4 SPECIAL CONSIDERATIONS
    8.401 Settlements for Infants
    8.402 Wrongful Death Claims
    8.403 Structured Settlements
    8.404 Special Needs Trusts for Disabled Plaintiffs
    8.405 Statutory Liens
    8.406 National Practitioner Data Bank
    8.407 Statutory Cap
    8.408 Claims Against the Commonwealth

APPENDIX 8-1: ARBITRATION AGREEMENT

CHAPTER 9: TRIAL

9.1 STRATEGIC PLANNING
    9.101 In General
    9.102 Threshold Dilemmas for the Plaintiff
    9.103 Overcoming the Dilemmas

9.2 VOIR DIRE
    9.201 In General
    9.202 Goals
    9.203 Areas of Inquiry
    9.204 Avoiding Mention of Insurance

9.3 OPENING STATEMENT
    9.301 Goals
    9.302 Exploiting the Case’s Drama
    9.303 Using Visual Aids

9.4 WITNESSES AND OTHER PROOF
    9.401 Deciding Which Witnesses to Call
    9.402 Alternatives to Calling a Witness
    9.403 Depositions
    9.404 Defendant as Adverse Witness

9.5 DIRECT EXAMINATION OF STANDARD OF CARE EXPERT
    9.501 Qualification
    9.502 Statutory Standard of Care
    9.503 Custom Does Not Equal Standard of Care
    9.504 Presumption That Expert Is Qualified
    9.505 Using the Presumption
    9.506 Checklist for Out-of-State Expert
    9.507 Using Experts from a Related Field of Medicine
    9.508 “Active Clinical Practice” Requirement
    9.509 Using Other Testimony to Support Qualification
    9.510 Using a Frequent Testifier

9.6 PROOF OF CAUSATION
    9.601 In General
    9.602 Other Possible Causes
    9.603 Loss of Possibility of Survival

9.7 MEDICAL RECORDS
    9.701 Business Record
    9.702 Other Means of Introducing Medical Records
    9.703 Use of Records During Trial

9.8 MEDICAL LITERATURE
    9.801 In General
    9.802 Strategy
    
9.9 DEMONSTRATIVE EVIDENCE
    9.901 Uses
    9.902 Sources
    9.903 Computers
    9.904 Admissibility

9.10 CROSS-EXAMINATION OF DEFENSE EXPERTS
    9.1001 In General
    9.1002 Qualifications
    9.1003 Bias
    9.1004 Basis of Opinion
    9.1005 The Opinion Itself
    
9.11 OTHER EVIDENTIARY ISSUES
    9.1101 Negligence of Nonparties
    9.1102 Habit Evidence
    9.1103 Dead Man’s Statute
    9.1104 Evidence of Patient’s Awareness of Risk
    9.1105 Background of Defendant
    9.1106 Complication Rates
    
9.12 JURY INSTRUCTIONS
    9.1201 In General
    9.1202 Supreme Court Scrutiny
    9.1203 Standard of Care
    9.1204 Proximate Cause
    9.1205 Concurring and Supervening Causes
    9.1206 Other Possible Causes
    9.1207 Foreseeability of the Injury

9.13 CLOSING ARGUMENT
    9.1301 Planning
    9.1302 Use of Instructions
    9.1303 Counsel Should Not Get Ahead of the Jury
    Emotionally
    9.1304 Discussing Money
    
9.14 STRATEGIC PLANNING
    9.1401 In General
    9.1402 Threshold Issues for the Defendant

9.15 VOIR DIRE
    9.1501 Preparation of Voir Dire
    9.1502 Jury Selection

9.16 OPENING STATEMENT
    9.1601 Introduction
    9.1602 Presentation
    9.1603 Specifics

9.17 PLAINTIFF’S CASE
    9.1701 Defendant Called as an Adverse Witness:
    Examination by Defense
    9.1702 Objections, Proffers, and Preserving Issues for Appeal

9.18 CROSS-EXAMINATION OF THE PLAINTIFF’S FACT
WITNESSES
    9.1801 The Plaintiff
    9.1802 Family Members

9.19 CROSS-EXAMINATION OF THE PLAINTIFF’S EXPERTS
    9.1901 Standard of Care and Causation
    9.1902 Damages

9.20 MOTIONS TO STRIKE

9.21 DEFENDANT’S CASE
    9.2101 Order of Witnesses Generally
    9.2102 Order of Defendant’s Appearance as Witness
    9.2103 Adjusting the Witness Schedule

9.22 DIRECT EXAMINATION OF THE DEFENSE EXPERT
    9.2201 Qualifications
    9.2202 Bias
    9.2203 Medical Literature
    9.2204 Theory of the Case
    
9.23 EXAMINATION OF THE DEFENDANT

9.24 JURY INSTRUCTIONS

9.25 CLOSING ARGUMENT
    9.2501 Planning
    9.2502 Use of Instructions
    9.2503 Role of Emotion
    9.2504 Discussing Money

TABLE OF AUTHORITIES

INDEX


Authors

Editor

Malcolm P. McConnell III, Allen Allen Allen & Allen, PC / Richmond (Expand/Collapse Bio)

Malcolm P. McConnell III, editor of this handbook, practices with Allen Allen Allen & Allen, P.C. in Richmond, where he represents plaintiffs in medical malpractice litigation. He has been a medical malpractice trial lawyer since 1987 and is board-certified in medical malpractice litigation by the American Board of Professional Liability Attorneys, an ABA-accredited organization. He also serves on the Board of Governors of the ABPLA. He has been named repeatedly to Best Lawyers in America and to Virginia’s “Super Lawyers.” He has also received Martindale-Hubbell’s highest AV ranking. Mr. McConnell is active in the Virginia Trial Lawyers Association, is Chair of the Medical Malpractice Legislative Subcommittee, and a member of VTLA’s Board of Governors. He has written successful “friend of the court” briefs for the Virginia Supreme Court and often lectures to lawyers around Virginia on the courtroom techniques of the successful trial lawyer. He lobbies the Virginia General Assembly on behalf of the victims of medical negligence and is a frequent speaker to lawyer and physician groups on topics of medical malpractice law, the law of evidence, and use of advanced technology in the courtroom. He received his B.A. from the University of Richmond in 1984 and his J.D. from the University of Richmond in 1987.

Authors

Rodney K. Adams, LeClair Ryan / Richmond (Expand/Collapse Bio)

Rodney K. Adams, co-author of Chapter 9, focuses his practice on advising and defending health care providers in matters involving patient care and other unique issues confronting the healthcare industry. He has spent thirty years defending healthcare providers and has taken over 70 medical malpractice matters to verdict. Most of those matters involved catastrophic injury or death. He also represents healthcare providers before the U.S. Office of Civil Rights, various boards of the Virginia Department of Health Professions, and other tribunals. In addition to defending healthcare providers, Mr. Adams also defends manufacturers and distributors in product liability actions, especially with regard to medical product liability. Breast implants, pedicle screws, fen-phen, latex, and asbestos are a few examples of his broad experience over the years.

Mr. Adams has published several books including Virginia Medical Law, Third Edition (2012), and Clinical Trials & Human Research: A Practical Guide to Regulatory Compliance (w/F. Rozovsky, 2003). He is a graduate of Millikin University, the University of Glasgow Faculty of Law (LL M in Forensic Medicine) and the University of Illinois College of Law. Currently, Mr. Adams is an adjunct professor of law (medical malpractice trial advocacy) at the College of William & Mary and an adjunct professor (bioethics and health law) at the School of Health Administration, Virginia Commonwealth University. He has previously taught at Kent College of Law (Chicago) and the University of Richmond School of Law.

As leader of LeClairRyan’s Professional Liability Team, Mr. Adams supports the Firm’s attorneys across the United States who defend and counsel accountants, attorneys, architects, engineers, directors, officers, healthcare providers, and other professionals.

Angela Boice Axselle, Goodman Allen Donnelly PLLC / Richmond (Expand/Collapse Bio)

Angela Boice Axselle, co-author of Chapter 2, is a principal at the law firm of Goodman Allen Donnelly in Richmond, Virginia. At Goodman Allen Donnelly, she has dedicated her practice to defending physicians, hospitals, nurses, and other health care providers that have been sued for medical malpractice. She has also represented health care providers in professional liability and criminal matters. Prior to joining Goodman Allen Donnelly, Ms. Axselle was an Assistant Attorney General in the Office of the Attorney General for the Commonwealth of Virginia with an extensive litigation practice. Over the course of her career, she has litigated hundreds of matters in general district and circuit courts across the Commonwealth, has tried more than 50 cases to verdict, and has argued dozens of appeals before the Court of Appeals and Supreme Court of Virginia.

Lisa D. Barnett, Shevlin Smith / Fairfax (Expand/Collapse Bio)

Lisa Barnett, co-author of Chapter 5, is a senior attorney with the law firm of Shevlin Smith. She specializes in handling plaintiff’s cases in the areas of medical malpractice and catastrophic personal injury cases. Ms. Barnett began her legal career as a law clerk for The Honorable J. Howe Brown, Jr. in the Circuit Court of Fairfax County. Following the completion of that clerkship, she has spent the last 21 years as a trial lawyer in the Washington, D.C. area. Ms. Barnett has represented both plaintiffs and defendants in complex personal injury cases in both federal and state practices in Virginia and the District of Columbia. She has tried over 30 jury trials in her career leading to her board certification as a Civil Trial Attorney by the National Board of Legal Specialty Certification. Ms. Barnett received her B.A. in 1989 from the University of Virginia and her J.D. in 1994 from The T.C. Williams School of Law, University of Richmond.

Samuel T. Bernier, Moran Reeves & Conn, PC / Richmond (Expand/Collapse Bio)

Sam Bernier, co-author of Chapters 2 and 8, practices mainly in the areas of medical malpractice defense litigation, health care law, and products liability law. He is an attorney at Moran Reeves & Conn, P.C. in Richmond, and a veteran of both the United States Marine Corps infantry and the Hawaii Army National Guard infantry. Mr. Bernier earned his B.A. in Environmental Science from Hawaii Pacific University and his J.D., cum laude, from the University of Richmond’s T.C. Williams School of Law, where he won the law school’s McNeill Writing Competition in both 2010 and 2011. From 2011 to 2012, Mr. Bernier served as the pro se law clerk to the Hon. M. Hannah Lauck at the U.S. District Court for the Eastern District of Virginia–Richmond Division. Mr. Bernier is a member of the Virginia State Bar, the Virginia Association of Defense Attorneys, the Defense Research Institute, and the John Marshall American Inn of Court. In 2016, Mr. Bernier was recognized as a Rising Star by Virginia Super Lawyers magazine.

Taylor Denslow Brewer, Goodman Allen Donnelly / Richmond (Expand/Collapse Bio)

Taylor Denslow Brewer, co-author of Chapter 8, practices medical malpractice defense litigation. She is an associate at the law firm of Goodman Allen Donnelly in Richmond and has been in private practice since 2011. She earned a B.S. from Davidson College and J.D., cum laude, from the University of South Carolina School of Law. During law school, Ms. Brewer served on the editorial board of the South Carolina Law Review and as President of the Health Law Society. She is a member of the Virginia State Bar, the Richmond Bar Association (Board Member, Pro Bono Committee), and the Virginia Association of Defense Attorneys.

Sean P. Byrne, Hancock, Daniel, Johnson & Nagle, PC / Richmond (Expand/Collapse Bio)

Sean P. Byrne, co-author of Chapter 1, practices in the areas of medical malpractice defense litigation and health care law representing hospitals, physicians, and other health care providers across the Commonwealth of Virginia. He is a Director at the law firm Hancock, Daniel, Johnson & Nagle, P.C. (HDJN) in Richmond. He has been in private practice since 2007. He earned a B.A. from the University of Richmond and J.D., magna cum laude, from The T.C. Williams School of Law, University of Richmond. After law school graduation he clerked in the Federal District Court for the Eastern District of Virginia, Norfolk Division.

Mr. Byrne has been recognized for his trial success in more than a dozen “million dollar defense verdicts” published in the Virginia Medical Law Reports Top Defense Verdict edition. He has been honored as a Virginia Super Lawyer annually since 2010. Mr. Byrne has also been recognized annually in The Best Lawyers in America in the specialty of Medical Malpractice Defense since 2010. He has been an Adjunct Faculty Member at the University of Richmond, teaching a variety of courses in the School of Arts & Sciences and School of Law for more than fifteen years. His courses taught have included trial practice, medical malpractice, law and medicine, Virginia civil procedure, and legal writing. Mr. Byrne is also an active member of the Virginia State Bar, Virginia Association of Defense Attorneys, Defense Research Institute (DRI) and the Richmond Bar Association.

Robert F. Donnelly, Goodman Allen Donnelly, PLLC / Richmond (Expand/Collapse Bio)

Robert F. Donnelly, co-author of Chapter 2, is one of the founding members of the law firm of Goodman Allen Donnelly in Richmond. He earned a B.A., cum laude, from the University of Virginia and a J.D. from The Catholic University of America. Mr. Donnelly has focused his career on trial advocacy by defending physicians, hospitals and other health care professionals sued for medical malpractice in Virginia courts. He has achieved at least one of the “Top Ten Defense Verdicts” in Medical Malpractice each year since 2005 as reported by Virginia Lawyers Weekly. Mr. Donnelly has been recognized by Best Lawyers in America® for Medical Malpractice Defense (2010-2017); Virginia Business Magazine as one of Virginia’s “Legal Elite” in civil litigation; and has been listed as a Virginia Super Lawyer® in Medical Malpractice Defense (2008-2017). He is a Fellow in the Litigation Counsel of America, a national trial lawyer honorary society, and the International Association of Defense Attorneys. He is frequently an invited lecturer on health care liability issues.

Humes J. “Tripp” Franklin, III, Wharton Aldhizer & Weaver / Staunton (Expand/Collapse Bio)

Humes J. “Tripp” Franklin, co-author of Chapter 1, is a member of the law firm of Wharton Aldhizer & Weaver, where he focuses his practice on civil litigation, in many areas, including personal injury, medical malpractice and products liability cases, to name just a few.

Mr. Franklin received a B.A. from Davidson College in 1998 and his J.D. from William & Mary School of Law in 2001. He is admitted to practice in Virginia and West Virginia.

Mr. Franklin authored “Examination Under Oath—The Insurer’s Right,” in The Claimsman, Virginia State Claims Association, Fall 2002, and “Rule 4:1 (b)(3) and the Meaning of Anticipation of Litigation,” Litigation News, Virginia State Bar, Vol. IX, No. 4, Fall 2002. He has been named one of Virginia’s Legal Elite, Virginia Business Magazine and a Rising Star by Super Lawyers. In addition, Mr. Franklin has served as Chair of the Young Lawyer Division of the Virginia Association of Defense Attorneys and as President of the Augusta Bar Association.

T. Daniel Frith III, Frith & Ellerman Law Firm, PC / Roanoke (Expand/Collapse Bio)

T. Daniel Frith, III, co-author of Chapter 8, earned his law degree from the Washington & Lee University School of Law in 1982 and an undergraduate degree, cum laude, from Virginia Tech in 1979. He concentrates his practice in the areas of medical negligence, nursing home abuse, wrongful death litigation, and other professional negligence claims. Mr. Frith served as president of the Young Lawyers Conference of the Virginia State Bar from 1989 to 1990 and has served as chair of the Board of Governors of the Litigation Section, as well as the Professionalism Committee, of the Virginia State Bar. From 1991 to 1993, he was a Virginia Delegate to the American Bar Association’s House of Delegates and previously served as President of the Virginia Chapter of the American Board of Trial Advocates. Mr. Frith is an active member of the American Association of Justice.

Anne M. Glenn, Goodman Alley Donnelly / Richmond (Expand/Collapse Bio)

Anne Glenn, co-author of Chapter 8, is a Member at Goodman Allen Donnelly with a long and established healthcare litigation practice. She also has experience defending manufacturers and other entities in product liability litigation. Ms. Glenn’s practice focuses primarily on the defense of hospitals, physicians, nurses, nursing homes, and other health care providers. She provides advice in the areas of risk management, informed and surrogate decision-making, ethical issues, and crisis situations which arise in the health care setting. As a frequent lecturer to hospital risk managers, physicians, practice managers, and nurses, Ms. Glenn shares insight about a variety of medical, ethical and legal issues arising in the health care setting. Since entering private practice in 1996, she has successfully handled several hundred malpractice cases, many of which involved catastrophic injury or death. Prior to 1996, she served as Assistant General Counsel to the Dalkon Shield Claimants Trust.

Ms. Glenn is a 1987 graduate of Vanderbilt University, and she graduated from the University of Richmond School of Law in 1992. She is a member of several professional organizations and most recently was invited to join the Boyd-Graves Conference.

Stephanie E. Grana, Cantor Stoneburner Ford Grana & Buckner, PC / Richmond (Expand/Collapse Bio)

Stephanie Grana, co-author of Chapter 4, has more than 24 years of experience handling plaintiff’s medical malpractice and personal injury cases, having achieved over 45 verdicts and settlements exceeding $1,000,000. She has handled several high-profile cases and has been quoted in the national press and television. She is a partner at the law firm Cantor Stoneburner Ford Grana & Buckner, PC in Richmond.

She is listed in “Best Lawyers in America in Medical Malpractice Law” and is AV® rated, and has also been granted Martindale-Hubbell’s highest rating for legal ability and ethical standards. Ms. Grana was named a “Rising Star” by Virginia Super Lawyers in 2007-2009 and “Top 40 Under 40” by Style Weekly in 2008. In 2010, she was recognized as one of the “Influential Women of the Year” by Virginia Lawyers Weekly. In 2012-2016, she was voted one of the “Top 50 Women Virginia Super Lawyers” and “Top 50 Richmond Area Super Lawyers” by her peers. As reported by Virginia Lawyers Weekly, she was listed in “Virginia’s Largest Verdicts” in 2013 and 2014 and had one or more listings in “Million-Dollar Settlements” in 2003 and 2008-2015.

Ms. Grana currently serves on the Board of Governors as President of the Virginia Trial Lawyers Association for the 2016-2017 year. She is presidentelect of the Virginia chapter of the American Board of Trial Advocates. She is a past president of the Lewis F. Powell, Jr. America Inn of Court and the Metro Richmond Women’s Bar Association and is a member of the American Association of Justice. She was selected by The Chief Justice of the Supreme Court of Virginia to serve on the Virginia Model Jury Instruction Committee, which writes and edits jury instructions for all Virginia cases. Additionally, Ms. Grana is currently an active member of the Boyd-Graves Conference and the Virginia State Bar Future of Law Practice Study Committee. She served for eight years as a member of the Virginia State Bar Disciplinary Committee for the 3rd District. She is also the mother of three children.

Robert “Bob” J. Haddad, Shuttleworth, Ruloff, Swain, Haddad & Morecock, PC / Virginia Beach (Expand/Collapse Bio)

Bob Haddad, co-author of Chapter 3, is a shareholder in the firm of Shuttleworth, Ruloff, Swain, Haddad & Morecock, P.C. Mr. Haddad earned his undergraduate degree at the University of Louisville and his J.D. degree from the University of South Carolina. He clerked with Federal District Judge J. Calvitt Clark, Jr. prior to beginning his private practice and has been in private practice since 1983. Mr. Haddad practices exclusively as a plaintiff’s attorney representing those who have been injured through some act of negligence, and his primary areas are medical malpractice, products liability, and general liability litigation. He is the past president of the Norfolk chapter of the Federal Bar Association. Mr. Haddad has been regularly recognized by Virginia Super Lawyers and The Best Lawyers of America for his work in medical malpractice law as well as personal injury and product liability litigation.

Charles F. Hilton, Wharton Aldhizer & Weaver PLC / Harrisonburg (Expand/Collapse Bio)

Charles F. Hilton, co-author of Chapter 1, is a Distinguished Graduate of the Virginia Military Institute, where he earned a B.A., with High Honors. He obtained his law degree at the Wake Forest University School of Law and served in the United States Army Judge Advocate General’s Corps. Following the completion of his military service, Mr. Hilton joined Wharton Aldhizer & Weaver PLC, where he is a senior member of the firm where he represents patients in medical malpractice litigation. He has successfully tried dozens of cases in courts, appeared before appellate courts, administrative tribunals and is an experienced advocate in all aspects of alternative dispute resolution. He also advises corporate clients on general corporate and governance issues. Mr. Hilton is a member of the Virginia Association of Defense Attorneys, a state-wide bar organization of which he served as President and chaired the Medical Malpractice Section. In addition to many other honors and memberships, Mr. Hilton is an invited member of the Boyd-Graves Conference of Virginia and is a member of the Virginia Trial Lawyers Association and the American Association for Justice. He is licensed to practice in Virginia, North Carolina, and West Virginia.

Anisa P. Kelley, Rawls, McNelis + Mitchell, PC / Fairfax (Expand/Collapse Bio)

Anisa Kelley, co-author of Chapter 3, is a director at Rawls, McNelis + Mitchell, P.C. where she practices healthcare law. Ms. Kelley received her B.A. degree, cum laude from Newcomb College of Tulane University and her J.D. degree from the George Washington University Law School. She clerked for the Honorable John H. Suda, Superior Court of the District of Columbia before entering private practice. Ms. Kelley is a member of the Virginia State Bar, VADA, and AHLA.

Kathleen M. McCauley, Moran Reeves & Conn, PC / Richmond (Expand/Collapse Bio)

Kathleen M. McCauley, co-author of Chapters 2 and 8, is a Shareholder at Moran Reeves & Conn, PC in Richmond and concentrates her practice in complex litigation, including the defense of medical malpractice actions, hospital and medical school liability, product liability, and employment matters.

In recent years, Ms. McCauley has been recognized as one of Virginia’s “Legal Elite” in Health Law (Virginia Business Magazine), a Virginia Super Lawyer (Law and Politics and Virginia Super Lawyers Magazine), and a Virginia Super Lawyers “Rising Star.” In 2015 and 2016, she was named one of the Top 50 Women Lawyers by Virginia Super Lawyers and is listed in Best Lawyers® in America for Medical Malpractice Defense. She was named one of the Influential Women of Virginia for 2013 and a Leader in the Law in 2015. Ms. McCauley is a Fellow in the American College of Trial Lawyers, a distinction of which she is most proud. She is the Immediate Past-President of the Virginia Association of Defense Attorneys, the Immediate Past-Chair, Board of Directors of Commonwealth Catholic Charities, and currently sits on the School Board of St. Edward-Epiphany Catholic School.

Elizabeth Guilbert Perrow, Woods Rogers PLC / Roanoke (Expand/Collapse Bio)

Elizabeth Guilbert Perrow, co-author of Chapter 4, is a principal at the law firm Woods Rogers PLC in Roanoke. She is a trial lawyer who practices primarily in the area of medical malpractice defense. Prior to joining Wood Rogers PLC, she was a partner with WootenHart PLC, also in Roanoke. Ms. Perrow has extensive experience representing healthcare providers and has successfully defended physicians, nurses, and hospitals.

She holds a Martindale-Hubbell AV® Preeminent Peer Review Rating. She has also been recognized in Martindale-Hubbell’s Preeminent Women Lawyers since 2011. She has been recognized by Virginia Super Lawyers for many years and is also listed in Super Lawyers—Top 50 Women since 2014. In 2013, she was named by Virginia Lawyers Weekly as one of the Influential Women of Virginia. Best Lawyers in America has recognized her for Medical Malpractice Law-Defendants since 2012. Additional awards include being a Virginia Super Lawyers Rising Star in 2008, 2009, and 2011; recognition as Blue Ridge Business Journal’s “20 Under 40” list in 2009; and recognition by The Roanoke Bar Association as the Young Lawyer of the Year in 2008. She is currently a Master of the Bench in The Ted Dalton American Inn of Court. Ms. Perrow also served as President of the Virginia Association of Defense Attorneys (VADA) from 2012-2013 and is the past Chair of the Medical Malpractice section of the VADA. In addition to being a member of the VADA, she is also a member of the Boyd Graves Conference (Steering Committee Member), Virginia Bar Association (VBA), Defense Research Institute (DRI), The Association of Defense Trial Attorneys (ADTA) and The Roanoke Bar Association (RBA) (Board of Directors 2008-2010). Elizabeth graduated from Lynchburg College cum laude and earned her law degree at Oklahoma City University School of Law, summa cum laude. Her complete profile is located at http://www.woodsrogers.com/attorney_/elizabeth-guilbert-perrow.

Anthony “Tony” Marc Russell, Gentry Locke / Roanoke (Expand/Collapse Bio)

Anthony “Tony” Marc Russell, co-author of Chapter 7, is a partner at the law firm of Gentry Locke in Roanoke and represents victims of medical malpractice, products liability, and vehicular collisions. He earned both a B.A. with distinction and his law degree from the University of Virginia, where he was inducted into Phi Beta Kappa. Mr. Russell is a member of multiple professional societies including the American Board of Trial Advocates, American Association of Justice, Virginia Trial Lawyers Association, Ted Dalton American Inn of Court, Virginia State Bar, Roanoke Bar Association, and Etheridge Society. He has been recognized with numerous professional awards, including Best Lawyers in America in the areas of Mass Tort Litigation/Class Action, Medical Malpractice, Personal Injury Litigation, and Products Liability Litigation; Client Distinction Award from Martindale-Hubbell; American Lawyer Media’s Top Rated Lawyer for Medical Malpractice, Personal Injury, and Legal Malpractice; Super Lawyer for Personal Injury and Medical Malpractice; and Roanoke Lawyer of the Year for Medical Malpractice. He also has an AV Preeminent Rating for Ethical Standards and Legal Ability by Martindale-Hubbell. Mr. Russell has tried over 100 jury trials and represented numerous clients before the Supreme Court of Virginia that resulted in decisions that protected the rights of victims, including Sawyer v. Comerci; Monahan v. Obici Medical Management Servs., Inc.; Taboada v. Daily Seven; and Rascher v. Friend. He is a lawyers’ lawyer who is honored that with the vast majority of his cases come referrals from colleagues and peers.

Mary Elizabeth Sherwin, Kaufman & Canoles, PC / Norfolk (Expand/Collapse Bio)

Mary Elizabeth Sherwin, co-author of Chapter 7, is a member of the Litigation section at the Norfolk office of Kaufman & Canoles, PC. Before joining the firm, she clerked for the Honorable Rebecca Beach Smith, Chief Judge, United States District Court for the Eastern District of Virginia. Ms. Sherwin received her A.B. degree, cum laude, in 1997 from Wellesley College, where she was a Wellesley College Scholar, and her J.D. degree in 2000 from the College of William & Mary Marshall-Wythe School of Law, where she was on the editorial board for the William & Mary Law Review. Ms. Sherwin was admitted to the Virginia Bar in 2000 and is a member of the American Bar Association and The Virginia Bar Association.

Thomas G. Smith, Shevlin Smith / Fairfax (Expand/Collapse Bio)

Thomas G. Smith, co-author of Chapter 5, is a founding member of the law firm of Shevlin Smith in Fairfax, where he represents plaintiffs in medical malpractice cases. He received his B.A. in 1976 and his J.D. in 1979 from the University of North Carolina and has been practicing law in Fairfax since 1996. Mr. Smith has been a VTLA Board Member for many years and since 2006 has been named one of the Best Lawyers in America in the field of plaintiff’s medical malpractice law.

Mr. Smith was named Best Lawyers Personal Injury Lawyer of the Year for the Metro DC area in 2015 and Best Lawyers Medical Malpractice Lawyer of the Year for the Metro DC area in 2012. He has been a Virginia Super Lawyer in Medical Malpractice for many years, has been named a Top 100 Trial Lawyers in Virginia by The American Trial Lawyers Association, and is a member of the Multi-Million Dollar Advocates Forum.

Ashley Hart Waterbury, Wharton Aldhizer & Weaver, PLC / Harrisonburg (Expand/Collapse Bio)

Ashley Hart Waterbury, co-author of Chapter 1, is an associate with Wharton Aldhizer & Weaver, PLC in Harrisonburg, Virginia. Her areas of practice include civil litigation, intellectual property litigation, and local government law. She earned her B.A. from the University of Virginia and her J.D. from Washington & Lee University School of Law. While in law school, she served as the Executive Editor for the Journal of Energy, Climate and the Environment. She is a member of the Virginia State Bar and the Virginia Association of Defense Attorneys. In 2016, she was recognized by Virginia Business magazine as a Legal Elite in the Young Lawyer category.

Thomas W. Williamson, Williamson Law LC / Richmond (Expand/Collapse Bio)

Thomas W. Williamson, Jr., co-author of Chapter 9, is a graduate of the Virginia Military Institute and The T.C. Williams School of Law, University of Richmond. He is admitted to practice before the Virginia Supreme Court; the United States District Court, Eastern and Western Districts of Virginia; and the United States Court of Appeals, Fourth Circuit. Mr. Williamson is a partner with Williamson Law LC. He is a Fellow of the American College of Trial Lawyers and a Fellow of the International Academy of Trial Lawyers. He is a member of the Virginia State Bar, the Virginia Trial Lawyers Association (President 1995-1996), the Boyd-Graves Conference (Chair 2001-2003), the Virginia Bar Association, the American Bar Association (Litigation Section), the American Trial Lawyers Association, the Richmond Bar Association, and John Marshall Inn of Court (President 1995-1996). Mr. Williamson has lectured and written extensively on civil procedure, civil trial tactics, expert witnesses, products liability, and medical malpractice. He is listed in Best Lawyers in America.

Carlyle R. Wimbish, III, Wimbish Gentile McCray & Roeber, PLLC / Richmond (Expand/Collapse Bio)

Randy Wimbish, author of Chapter 6, is a founding Member of Wimbish Gentile McCray & Roeber, PLLC. Mr. Wimbish is a graduate of Virginia Tech and the University of Virginia School of Law and concentrates his practice in the area of medical professional liability defense in both state and federal courts throughout Virginia. In addition to representing physicians in a wide variety of medical specialties, he has also represented dentists, nurses, allied health providers, hospitals of all types and sizes, and health care providers before administrative disciplinary boards. Mr. Wimbish has lectured frequently to both health care providers and attorneys on subjects related to medical negligence cases and risk management. He is listed in Best Lawyers in America in the field of medical malpractice defense, and is a Fellow of the American College of Trial Lawyers. Mr. Wimbish is also a member of the Boyd-Graves Conference. He served as President of the Virginia Association of Defense Attorneys from 2015-2016.

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