Posts from July 15, 2009
In a recent decision with significant ramifications for civil discovery in the state, the Supreme Court of Virginia articulated new standards governing waiver of privilege for inadvertently produced documents, and reemphasized the need for careful and thorough pre-production review of discovery materials. In Walton v. Mid-Atlantic Spine Specialists, P.C., 694 S.E.2d 545 (Va. 2010), plaintiff suffered a workplace injury and subsequently filed a medical malpractice action against her treating physician and his practice group. During discovery, a subpoena duces tecum was issued to the surgeon, who retained a third-party vendor to gather responsive documents. Among the documents ultimately produced was a letter from the treating surgeon to his attorney, in which he made several critical admissions which bolstered plaintiff’s case.