Virginia Medical Malpractice Lawyer

When we visit a doctor or other medical provider, we go in trusting in their expertise and the quality of their service. Even so, things do not always go as we expect, and sometimes they can go quite wrong. If you or a loved one were injured by a medical care provider when they deviated from the established practices of their profession, you might be entitled to significant legal compensation for your losses through a medical malpractice lawsuit. The best thing to do is consult with an experienced attorney.

The legal team at The Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates is standing by to help. As a trained lawyer and physician, Dr. Michael M. Wilson has the experience, knowledge, and skill to help you fight for the full and fair compensation you deserve. Contact us today to schedule a free, no-obligation consultation.

What Is Medical Malpractice in Virginia?

In Virginia, medical malpractice lawsuits include any “action for personal injuries or wrongful death, based on health care or professional services rendered, or which should have been rendered, by a health care provider, to a patient.” Beyond this open-ended description, medical malpractice comes in many forms. That said, according to Johns Hopkins Medicine, medical error results in over 250,000 deaths every year nationwide. Some common types of medical malpractice include:

• Misdiagnosis
• Delayed treatment
• Improper treatment
• Performing unnecessary procedures
• Failure to obtain informed consent
• Surgical errors
• Medication errors
• Birth injuries

How Is Liability Shown in a Medical Malpractice Lawsuit?

In most personal injury cases, plaintiffs must prove that their injuries were caused by the defendant’s failure to use reasonable care to avoid harming others through their actions. In other words, plaintiffs must prove by a preponderance of the evidence that the defendant’s negligence caused their injuries and losses.

Plaintiffs must meet a similar burden in medical malpractice cases. The difference is that medical care professionals are held to a higher standard of care. In Virginia, the governing statute explains that “the standard of care by which [medical providers are] to be judged shall be that degree of skill and diligence practiced by a reasonably prudent practitioner in the field of practice or specialty . . . and the testimony of an expert witness . . . provided, however, that the standard of care in the locality . . . is more appropriate than a statewide standard.”

“Reasonable prudence” may sound like a straightforward concept on the surface. However, establishing the correct standard in each case can actually be quite difficult. This is because medicine is a highly specialized and diverse field. Therefore, it is important to have an attorney in your corner who can truly understand your medical records and compellingly argue about the appropriate standard of care in your case.

What Compensation Can I Recover Through a Medical Malpractice Lawsuit in Virginia?

When a patient suffers harm due to medical malpractice, they may be entitled to significant compensation from the at-fault party. Depending on the extent and severity of your injuries and losses, you may be compensated for both the economic and noneconomic impact they have on your life. Our legal team can help you pursue compensation for things like:

• Past and future medical expenses related to your injury or illness
• Lost wages from time missed at work
• Lowered earning capacity
• Physical pain and suffering
• Disfigurement and scarring
• Lowered quality of life
• Emotional distress

It is also important to note that state law sets a cap on the amount of damages you may receive. In most states, this kind of cap only applies to compensation for your noneconomic losses. However, Virginia has chosen to cap the total amount of compensation juries may award in medical malpractice cases. The cap is currently set at $2.60 million and increases every year.

What Are Some Important Deadlines in a Virginia Medical Malpractice Lawsuit?

In Virginia, the statute of limitations governing medical malpractice lawsuits gives you just two years from the date of the malpractice or the discovery of the injury, whichever is later, to file a lawsuit seeking compensation from the at-fault party. Cases filed after the deadline passes are nearly always dismissed. This will have the effect of eliminating your right to seek compensation in civil court, as well as your bargaining power in out-of-court settlement negotiations with the at-fault party and their insurers.

That said, there are certain exceptions to the two-year statute of limitations deadline. Before relying on any of these exceptions, it is wise to consult with an experienced lawyer to make sure they apply to your case. Bearing this warning in mind, the deadline may be extended if:

• A foreign object is left in a patient’s body during surgery;
• Fraud, concealment, or intentional misrepresentation prevented discovery of the injury within the two-year period; or
• Your injuries result from a failure to diagnose a malignant tumor and certain other forms of cancer.

How Can a Medical Malpractice Attorney Help?

Again, because of their highly specialized nature, medical malpractice lawsuits can be legally and factually complex. Though trying to handle this kind of claim without an attorney is technically an option, it is not a realistic one. Instead, let an experienced attorney help you by:

• Making sure you know your legal rights and options
• Conducting a thorough, independent investigation of your injuries
• Reviewing medical records and other evidence to substantiate your claim
• Interviewing experts for valuable testimony
• Determining the value of your claim
• Communicating with the at-fault party, their insurers, and others on your behalf
• Drafting the filings in your case
• Ensuring that no deadlines are missed
• Negotiating aggressively to maximize your settlement
• Representing you in court if a reasonable settlement cannot be reached

Contact a Virginia Medical Malpractice Lawyer

When we visit medical providers, we trust in their training and hope to leave better than when we entered, or at least no worse off. Because the public places a high degree of confidence in medical providers, these practitioners are held to a higher standard of care than the rest of the population. When a violation of the governing standard leads to injuries and illnesses, victims may be entitled to significant compensation.

At The Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates, our legal team has the skill, experience, and resources to handle even the most complex medical malpractice claims. We are ready to listen to your story, discuss your legal options, and answer your questions in a free, no-obligation consultation. Contact us today to speak to a knowledgeable medical malpractice lawyer in Virginia.