Virginia: Medical Malpractice – a Lawyer’s Denial
Gibbons v. Riverside Medical Group, et al., No. CL10-02326T-01 in Circuit Court for the City of Newport News, Virginia, is a medical malpractice suit. It seeks $5,100,000.00 for alleged birth-related damages.
Plaintiff served two Riverside physicians through their medical office assistants. Specifically, service of the medical malpractice Complaint and Summons in Gibbons was accepted and signed for by Devogne Williams at Brentwood Family Practice in Newport News and by Sarah Townsend at St. Francis Family Medicine Center in Midlothian.
Subsequently, however, both Riverside doctors in Gibbons asserted that their respective medical office assistants were not authorized to accept service as they did. Indeed, the Riverside doctor practicing at Brentwood Family Practice claimed he “does not know the identity” of Ms. Williams, the practice’s assistant who accepted service of the medical malpractice lawsuit.
Both Riverside obstetricians in Gibbons filed Motion to Quash Service and Motion to Dismiss by Special Appearance. Plaintiff will bring the disputed medical malpractice matter on for hearing before the Court in early 2012.
The current position taken by Riverside’s physician in Gibbons commends a “practice pointer” for all plaintiff counsel. Out of an abundance of caution, in all medical malpractice and other suits against healthcare providers, including particularly but not limited to those within the Riverside Health System, Sheriffs and private process servers should be directed to the homes (not offices) of doctors, nurses and all other staff to effect legal process without such dispute.
