Healthcare workers are human. Just like the rest of us, doctors, nurses, and other healthcare professionals make mistakes. Unfortunately, their mistakes can result in injury or death for their patients. If you are in the Richmond area, and you or a loved one has been hurt because of medical negligence, you have options to seek compensation. Reach out to an experienced Richmond medical negligence lawyer to take the first steps.
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Medical negligence is when a medical professional, for whatever reason, deviates from accepted standards of care when treating a patient. These deviations can result in serious injuries or even death for patients, stemming from misdiagnoses, medication errors, surgical errors, and other missteps.
Unfortunately, medical malpractice and medical negligence are not uncommon. Medical malpractice is responsible for up to 250,000 deaths in the United States each year, making it the third leading cause of death in the country. Furthermore, about half of medical malpractice claims are about medical negligence. They involve harm that could have been prevented by simply following the standard of care.
Medical negligence can take many forms and can result in a wide range of harmful consequences. The following are some common scenarios:
A victim of an injury due to medical negligence can receive compensation for medical bills, lost wages, and pain and suffering. The total potential compensation for a medical negligence injury depends on the severity of the injury, the overall impact on the victim’s life, and whether they need any ongoing care.
If you have been injured because of medical negligence, you may be unsure about how to pursue compensation. A great first step is to hire a medical negligence lawyer. Usually, medical negligence claims are filed with the healthcare worker or hospital system’s insurance company. It is very unlikely, however, that filing an insurance claim will result in an adequate settlement. Insurance companies often deny or underpay claims to protect their bottom lines.
If your claim is denied or if the settlement offered does not offset all of your damages, you can file a personal injury claim with the help of your attorney. Your lawyer can gather information about the case and file the claim on your behalf, working to negotiate a satisfactory settlement for you. If your case ultimately goes to trial, your attorney can represent you in the courtroom, as well.
The terms “medical negligence” and “medical malpractice” are often used interchangeably when discussing personal injury claims. However, their connotations are slightly different. Medical negligence can be an honest mistake, and possibly even a one-off event. Behavior that is labeled as medical malpractice is often construed as more intentional, or as a longstanding pattern of negligence.
Every medical malpractice case is different, and there is no way to predict how long a particular case will take to resolve. Generally, personal injury cases cannot be fully resolved until the injured person has recovered or has reached a point of maximum recovery because the full extent of medical bills cannot be calculated before that point. Some cases may be over in as little as a few months, while others can take much longer.
Yes, there are statutes of limitations for medical negligence claims in Virginia. These are laid out in Section 8.01-243 of the Code of Virginia. For most personal injury claims, including the majority of medical negligence claims, the statute of limitations is two years. Some medical negligence scenarios, such as a surgeon leaving a foreign object in a patient’s body after surgery, have a statute of limitations of one year.
There is no way to say for sure whether your medical negligence claim will go to trial, but it is highly unlikely that it will. The majority of personal injury claims, including medical negligence claims, settle long before reaching the inside of a courtroom. Because courtroom trials are expensive and time-consuming, reaching a settlement is usually desirable for all parties involved.
If you have suffered an injury because of medical negligence in Richmond, you can seek compensation with the help of an experienced, competent attorney. Contact Brooks & Baez today for a consultation about your case.
Our team is comprised of Jesse Baez and Noel Brooks, two attorneys with decades of combined
experience handling legal matters for clients throughout the state of Virginia.
Whatever your legal issue, we will answer your questions and offer you peace of mind as we work to guide
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