Library

Our library contains articles and briefs written by our lawyers and other documents and references we think will be interesting and useful to our visitors.

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Medical Malpractice

• Medical Malpractice Victory in Richmond [PDF]
  PLEASE NOTE THAT CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. THE RESULTS OF ONE CASE DO NOT GUARANTEE THAT A CERTAIN RESULT WILL BE ACHIEVED IN FUTURE CASES. PLEASE CONTACT US TO DISCUSS THE SPECIFICS OF YOUR CASE.
  
  Tom Williamson successfully represented a plaintiff in a medical malpractice trial in Richmond. The jury awarded the plaintiff $1.5 million. Click on the above link to read the trial report published in Virginia Lawyers Weekly.
• Medical Malpractice Legislation Update [PDF]
  In 2005, the Virginia General Assembly enacted the most sweeping procedural changes to medical malpractice litigation in years. For injured persons, the most significant change is a new requirement that the plaintiff obtain a certificate from a qualified expert that the defendant breached the standard of care and that the breach of the standard of care caused the plaintiff's injury or death. The attached article describing the newly enacted laws was authored by attorney Joshua Silverman.
• Riverside Hospital v. Johnson [PDF]
  Attorney Josh Silverman co-authored this successful amicus curiae ("friend of the court") brief to persuade the Virginia Supreme Court that hospital incident reports must be provided to the plaintiff. In this case, the Virginia Supreme Court held that incident reports that contain medical information are not protected from discovery. The opinion by the Virginia Supreme Court can be found in this library under "Court Opinions in Cases of our Lawyers."
• Trial of a Medical Malpractice Case [PDF]
  A chapter on the trial of medical malpractice cases authored by Tom Willliamson and published by the Virginia Law Foundation in "Medical Malpractice Law in Virginia 2d Ed. (Cumulative Supp. 2006)".
• Medical Malpractice Win in Petersburg, Virginia
  PLEASE NOTE THAT CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. THE RESULTS OF ONE CASE DO NOT GUARANTEE THAT A CERTAIN RESULT WILL BE ACHIEVED IN FUTURE CASES. IF YOU WOULD LIKE THE LAWYERS OF WILLIAMSON & LAVECCHIA, L.C. TO REVIEW YOUR LEGAL MATTER, PLEASE CONTACT US.
  
  Carolyn Lavecchia and Joshua Silverman successfully represented the plaintiff who had undergone a Nissen fundoplication. The jury awarded 1.25 million dollars plus pre-judgment interest.

Managed Care Abuse & Insurance Company Misconduct

• Piercing the Armor: Approaches to Managed Care Liability. [PDF]
  A paper presented by Tom Williamson at the 1999 Virginia Trial Lawyers Convention to help lawyers in fighting for persons harmed by the misconduct of HMOs and other managed care organizations.
• Managed Care Liability-An Update On ERISA Case Law-Jan. [PDF]
  Update on developments in the law concerning the legal liability of managed care organizations (also called Health Maintenance Organizations HMOs)

About our Lawyers

• Curriculum Vitae of Thomas W. Williamson, Jr. [PDF]
  A detailed description of the experience and accomplishments of Tom Williamson who was selected by Richmond Magazine as the top medical malpractice, product liability and personal injury lawyer.
• Lavecchia Receives Award
  The Metropolitan Women's Bar Association bestowed its Women of Acheivement Award on Carolyn Lavecchia.
• Tom Williamson Named to Legal Elite
  Virginia Business Magazine named Tom Williamson of Williamson & Lavecchia L.C. one of the very best lawyers practicing in the civil litigation area in Virginia.
• Curriculum Vita of Carolyn Lavecchia [PDF]
  A detailed description of Carolyn's background both as an attorney and previously as a nurse practitioner.
• Curriculum Vita of Joshua Silverman [PDF]
  A description of Joshua Silverman's educational background, court opinions, legal publications and publications, and pro-bono activities.
• Tom Williamson is selected for the publication The Best Lawyers in America [PDF]
  Trial attorney Tom Williamson has been selected to be included in the 2007 edition of The Best Lawyers in America in the specialties of medical malpractice law and personal injury litigation. Tom is in a distinct group of attorneys who have been recognized in the publication The Best Lawyers for 20 years or longer. Attached is a letter from the editor-in-chief of the The Best Lawyers congratulating Tom for this accomplishment.

Court Opinions in Cases of our Lawyers

• Riverside Hospital v. Johnson (2006) [PDF]
  Joshua Silverman co-authored an amicus curiae ("friend of the court") brief in this Virginia Supreme Court case holding that a hospital's incident report is not privileged. The case involved a patient who fell at Riverside Hospital and sustained a hip fracture. The jury returned a verdict of $1,000,000 for the plaintiff.
• Bates v. Commonwealth of Virginia [PDF]
  In a wrongful death action against the Commonwealth of Virginia under the Virginia Tort Claims Act, a notice of claim naming a university medical center was sufficient to comply with the requirements of Code § 8.01-195.6 for identification of the "place" where the injury was alleged to have occurred. The trial court erred in sustaining a plea of sovereign immunity and dismissing the claim with prejudice. The judgment is reversed and the case is remanded for further proceedings.
• Chandler v. Graffeo (Virginia Supreme Court 2004) [PDF]
  Josh Silverman filed a successful amicus curiae brief ("friend of the court") on behalf of the plaintiff in this important medical malpractice case.
• Vaughan, Adm'r v. Southside Cardiology Associates, P.C., Virginia Supreme Court [PDF]
  Carolyn Lavecchia successfully argued to the Virginia Supreme Court that in a medical malpractice action the defendant can not introduce into evidence his past habit of complying with the standard of care to prove that he was not negligent in a pending medical malpractice case.
• U.S. v. Swank, U.S. District Court Eastern District of Va. [PDF]
  This decision demonstrates the far reaching power of the federal government to freeze the assets of an accused citizen before trial.
• McMunn v. Tatum, Virginia Supreme Court [PDF]
  This frequently cited dental malpractice case determined what an expert witness can tell a jury about the data the expert has relied upon in forming his opinions.
• Gray v. Graham, Virginia Supreme Court [PDF]
  Tom Williamson won his brain injured client's case by persuading the court to admit into evidence statements made by a man who died before trial who was the only witness that could identify the defendant.
• Virginia Birth-Related Neurological Injury Compensation Program v. Williamson [PDF]
  We prevailed on an appeal against the Commonwealth of Virginia on behalf of child catastrophically injured at birth. The Commonwealth had refused to supply her with a generator to maintain her life sustaining ventilator during power outages.
• Crone v. Richmond Newspapers, Inc. Virginia Supreme Court [PDF]
  Tom Williamson successfully argued before the Virginia Supreme Court that newspaper distributors were franchisees of the newspaper publisher entitled to protection under the Retail Franchise Act.
• Ayers v. Mosby, Virginia Supreme Court (1998) [PDF]
  A decision detailing what is necessary to prove a document was signed because of fraud or undue influence.
• VEPCO v. Winesett, Virginia Supreme Court [PDF]
  The Virginia Supreme Court affirms a verdict in favor of the estate of a man electrocuted because of the negligent failure of the utility to trim trees growing into its power lines.
• Lee v. Bourgeois, Virginia Supreme Court (1996) [PDF]
  Physicians practicing at state operated medical schools are not immune from liability for the medical malpractice of residents assisting in the care of the physicians' patients.
• Johnson v. Raviotta (Virginia Supreme Court 2002) [PDF]
  In this successful appeal to the Virginia Supreme Court, Tom Williamson and Carolyn Lavecchia argued that medical malpractice defendants cannot use habit evidence to destroy the protection afforded by the Deadman's Statute to the estate of deceased patients.
• Brooks v. Loehman's Inc. (Virginia Supreme Court 2001) [PDF]
  Tom Williamson successfully argued to the Virginia Supreme Court that a business owner is liable for a customer's injury although the owner had no notice of a dangerous condition if the owner's employee indirectly caused the condition.
• Didato v. Strehler, Virginia Supreme Court (2001)
  Tom Williamson successfully argued that a pediatrician may owe parents the duty to inform the parents about a child's genetic information to assist the parents in making informed decisions about future child bearing.

Nursing Home Liability and Elder Abuse

• Elder Abuse and Neglect Library
  Williamson & Lavecchia's online library of resources for victims of elder abuse and neglect at nursing homes and assisted living facilities. Our library includes photographs and descriptions of bedsores, our paper on "Pressure Sores and the Law" which was presented to the Mid-Atlantic Wound Care Conference, and an update on changes in medical malpractice law in Virginia published in the Journal of the Virginia Trial Lawyer's Association.
• Order Compelling Disclosure of Nursing Home Policies and Procedures [PDF]
  In this decision, Judge Hughes of the Richmond Circuit Court ordered a nursing home to provide the plaintiff with copies of its policies and procedures.
• Pressure Sores and the Law [PDF]
  A paper presented by Tom Williamson, Jr. about the liability of nursing homes for pressure sores at the Mid Atlantic Wound Care Symposium. Williamsburg,Va. October 17, 1999.

Defective Products

• Asking the Right Questions: Admitting into Evidence Expert Opinions in a Products Liability Lawsuit [PDF]
  In a products liability lawsuit the plaintiff must introduce into evidence expert testimony to prove the defect and the cause of his injuries. In this article Tom Williamson discusses Virginia law on the admission of expert testimony in a products liability action.
• Federal Preemption in Product Liability Claims [PDF]
  Many defective products which injure our clients are subject to federal regulation and control – automobiles, railroads, drugs and medical devices, etc. The impact of such legislation can be critical. This essay authored by Tom Williamson provides a general overview of some of the federal preemption principles, how specific federal regulations preempt various medical product liability claims, and a brief overview of some other products which are federally regulated. Please visit our Defective Products and Virginia Law practice section for more information.
• BAUSCH & LOMB RECALLS RENU WITH MOISTURELOC® CONTACT LENS SOLUTION
  Bausch & Lomb recently recalled its ReNu with MoistureLoc® contact lens solution from the worldwide marketplace. This solution has reportedly been linked to dangerous fungal eye infections known as fusarium keratitis. If untreated this infection can damage the cornea and possibly lead to blindness. The attorneys of Williamson & Lavecchia are ready to assist those injured by MoistureLoc® contact lens solution with proven legal counsel.

Expert Witnesses

• The Expert Witness [PDF]
  The Expert Witness. A book chapter authored by Tom Williamson, Jr. surveying the law of Virginia governing experts.
• A Horse to Ride: Finding Experts [PDF]
  Medical malpractice and products liability lawsuits almost always require the testimony of qualified experts. In this article, published in the VTLA Journal, Tom Williamson provides valuable tips for locating qualified experts who are willing to testify for the plaintiff.
• Admissibility Of Expert Testimony in Virginia Courts [PDF]
  Tom Williamson provides an overview of Virginia law concerning the admissibility of expert testimony. He addresses the necessary qualifications to testify as an expert as well as the subject matters where expert testimony is admissible in Virginia courts.

Discovery

• Court Order Permitting Plaintiffs to Pursue Personal Injury and Wrongful Death Claims Arising Out of a Fall in a Hospital [PDF]
  In this medical malpractice case, the patient suffered a severe head injury after falling in the hospital. She died approximately one month later. The trial court ruled that the plaintiffs are permitted to pursue both personal injury and wrongful death claims.
• Motion to Compel Defendant to Answer Deposition Questions [PDF]
  The attached brief was filed to compel the defendant in a medical malpractice case to answer questions under oath without interference by his attorney.
• Brief to Compel Production of Hospital Incident Report [PDF]
  This brief was filed by attorney Tom Williamson to compel a hospital to produce its incident report in a medical malpractice case. In this case, the patient fell and suffered a fatal head injury at the hospital. Tom filed this brief after the hospital refused to produce its incident report describing the facts surrounding the patient's fall at the hospital.
• Order Compelling a Podiatrist to Pay Attorneys Fees for Failing to Produce Medical Records [PDF]
  In Virginia, patients have a right to access their medical records within 15 days of a written request pursuant to Va. Code Ann. Sec. 8.01-413. In this matter, attorney Josh Silverman obtained a Court Order for payment of attorneys fees and costs against a podiatrist who failed to produce our client's complete medical records after numerous requests and a Court issued subpoena.
• Memorandum In Support of Compelling Production of Secret Surveillance Videos [PDF]
  The attached memo was used in support of our argument that the defendant can not surprise the plaintiff with secret surveillance videos at trial.
• Discovery of Experts [PDF]
  A book chapter authored by Tom Williamson, Jr. and published in Civil Discovery in Virginia. To obtain a copy of the complete publication, go to the Virginia CLE website.

General

• Using Medical Literature To Prove Damages [PDF]
  A presentation by Tom Williamson, Jr. and Carolyn Lavecchia about how they use the medical literature to effectively represent injured persons.
• The Deadman's Statute [PDF]
  The admission of evidence in a wrongful death lawsuit is subject to Virginia's "Deadman's Statute." The statute can apply regardless of whether the plaintiff is filing a medical malpractice action or a general personal injury claim. Attached is an article by Tom Williamson reviewing the history and application of Virginia's Deadman's Statute.
• Admitting Into Evidence Computer Graphics and Simulations [PDF]
  A paper authored by Tom Williamson for a trial demonstration program of the Virginia Association of Defense Attorneys, Williamsburg, Va. October 4, 2002.