 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Archambault v. Roller9/12/1997
llowed to disclose information to him as her counsel, he did not violate the statute when he obtained such information.
Roller contends, however, that "Archambault violated [Code §] 8.01-399 by serving as `counsel' for [Dr. Schwenzer] when he was already serving as insurance claims coordinator and de facto co-counsel for [Dr. Jane]." Roller asserts that she "had a right to expect that [Dr. Schwenzer] would not disclose information . . . absent legal compulsion." The trial court, in rejecting Archambault's contention, stated that " here is no necessity of protecting or enforcing [Dr.] Schwenzer's legal rights" because Dr. Schwenzer was not a party to the malpractice litigation and she could not have been drawn into the litigation because all applicable statutes of limitations had run. We, however, agree with Archambault's contention.
It is firmly established that a court must accept a statute's plain meaning when the statute is clear and unambiguous. Wall v. Fairfax County School Board, 252 Va. 156, 159, 475 S.E.2d 803, 805 (1996). In the present case, we think Code § 8.01-399(F) clearly permits Dr. Schwenzer's disclosure of patient information "in connection with . . . the protection or enforcement of legal rights." These "legal rights" include, but are not limited to, such rights "with respect to medical malpractice actions" and, thus, include such rights with respect to being deposed. Subsection F does not require that the physician be an actual or potential party to a medical malpractice action. Therefore, Archambault, as the recipient of the properly disclosed information, could not have violated Code § 8.01-399(D).
We hold, therefore, that Archambault did not violate Code § 8.01-399. Accordingly, we will reverse the trial court's judgment and enter final judgment in favor of Archambault.
Reversed and final judgment.
Page 1 2 Virginia Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|