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Jason R. Davis

MemberExecutive Committee Member • Co-Chair of Health Care
Office: Norfolk

Biography

Jason is Co-Chair of the Health Care Practice Group of Kaufman & Canoles. His healthcare litigation and counseling practice includes representing and advising hospitals, physicians, long-term care facilities and other healthcare providers. He also handles trust and estate litigation matters as part of the Private Client Services Practice Group. Jason serves on the firm’s Executive Committee and is Chair of the firm’s Associates Committee.

Representative Matters

  • Handled investigations, risk assessments and reporting obligations for potential HIPAA breaches involving several to several thousand patients on behalf of physician practice groups large and small, hospitals and teaching institutions
  • Handled government investigations of alleged HIPAA Breaches and violations on behalf of healthcare providers of various types
  • Defended breach of health information lawsuits against healthcare providers
  • Advised healthcare providers of all types on HIPAA breach prevention and compliance
  • Represented an emergency room physician in a wrongful death medical malpractice trial in North Carolina federal court
  • Represented an orthopedic surgeon and two general surgeons in medical malpractice trials in Virginia state court
  • Defended a hospital in an EMTALA trial in Virginia federal court
  • Defended a labor and delivery nurse in a medical malpractice trial in Virginia state court
  • Defended nursing homes in medical malpractice trials in Virginia state court and in arbitration proceedings
  • Defended a critical care specialist in proceedings before the Virginia Board of Medicine in a case involving a patient death
  • Represented a hospital in an arbitration of a medical malpractice claim
  • Counseled hospital systems through re-drafting of consent forms for regulatory compliance and other legal concerns
  • Prepared numerous hospitals for disclosures of unexpected events to patients and families
  • Developed peer review and quality assurance programs for physician practices and hospitals and argued for privilege of peer review, quality, and patient safety materials
  • Counseled numerous hospitals on JCAHO compliance, medical staff matters, quality assurance, EMTALA, HIPAA, Medicare CoPs, healthcare decisions and other regulatory and risk management issues
  • Counseled numerous physicians and practice groups on issues of risk management and regulatory compliance
  • Served as counsel for healthcare providers in various types of commercial litigation

Recognition & Honors

  • AV®  Preeminent Rated; Martindale-Hubbell
  • Best Lawyers in America, 2018-2020
  • Virginia’s Legal Elite; Virginia Business Magazine, 2007-2019
  • Top Lawyers; CoVaBIZ, 2017-2020
  • Virginia Super Lawyers; Law & Politics, 2009-2018
  • Virginia Rising Stars; Law & Politics, 2007-2008
  • Future Star; Benchmark Litigation, 2008-2009, 2013-2014
  • CIVIC Leadership Institute Class of 2015; Nominating Committee 2019
  • Top Forty Under Forty; Inside Business, 2007
  • Judicial Law Clerk to The Honorable William T. Prince, United States Magistrate Judge; United States District Court for the Eastern District of Virginia
  • William & Mary Law Review

Associations

  • Virginia Bar Association; Healthcare and Litigation Sections
  • North Carolina Bar Association; Healthcare and Litigation Sections
  • Norfolk-Portsmouth Bar Association; Bench-Bar Relations Committee
  • Virginia Association of Defense Attorneys; Former Chair, Medical Malpractice Section
  • Defense Research Institute
  • Virginia Chapter of the American Society for Healthcare Risk Management
  • The Williams School; President, 2013-present; Board of Trustees, 2012-present; Head of School Search Committee, 2011
  • The Norfolk Forum; Board of Directors, 2014-present; Second Vice President, 2019-present
  • Norfolk SPCA; Immediate Past President, President, Board of Directors

Education

  • University of Virginia; B.S. with distinction, 1991
  • William & Mary Law School; J.D., 1994

Press & Publications