Professional Negligence Law Reporter
Medicine
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Assault and battery by medical director
January/February 2025Cumberland Hospital operates a general hospital and offers specialty hospital services for children and specialty rehabilitation services. Then-medical director Daniel Davidow was responsible for admissions. Over approximately four years, he allegedly performed admissions examinations on patients, including private examinations with minor female patients. While claiming to check a patient’s femoral pulse, Davidow allegedly would place his hand under the patient’s undergarment and touch her inappropriately.
Multiple patients, including three Does, sued Cumberland Hospital and Davidow, alleging assault and battery, negligence, false imprisonment, and vicarious liability, as well as violation of the Virginia Consumer Protection Act.
The jury awarded the Does $360 million, including punitive damages of $40 million per plaintiff.
Citation: Does v. Cumberland Hosp., LLC, No. CL20005209-00 (Va. Cir. Ct. Richmond City Sept. 27, 2024).
Plaintiff counsel: AAJ member Kevin Biniazan, Virginia Beach, Va.; AAJ members Lee Floyd and Justin Sheldon, both of Richmond, Va.; and AAJ member Scott Perry, Arlington, Va.
