Medical mistakes can result in additional medical treatment, unexpected bills, and permanent physical consequences. However, talking to a Virginia Beach medical malpractice lawyer can explain your legal rights after suffering an injury due to negligent care. Virginia has specific laws that govern medical malpractice claims, and understanding how they apply to you is the first step in filing a successful claim.
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Patients should know that not every adverse medical outcome is the result of malpractice. Medical malpractice requires proof that a healthcare provider who owed a duty of care to their patient fell below the acceptable standard of care and caused injury. This care may be provided by a doctor, surgeon, nurse, hospital, pharmacist, technician, or other licensed medical professional.
Virginia law defines medical malpractice and outlines key aspects of pursuing a claim in the Virginia Medical Malpractice Act. This statute includes the definition of professional negligence, procedural rules specific to malpractice actions, and damages.
The law outlines a number of concerns related to medical malpractice. For example, Virginia Code § 8.01-243 contains the statute of limitations that applies to most personal injury claims, including many medical malpractice claims. These claims can result from events like those listed below:
Patients must prove their injury was caused by the medical provider’s mistake. This can become complicated when an underlying medical condition also caused or contributed to the injury.
Patients who undergo medical procedures naturally expect to benefit from the treatment they receive. However, a bad result or unexpected complication does not necessarily constitute grounds for a malpractice claim. Under Virginia law, several elements of a claim must be legally established before damages may be awarded to the injured patient. Components of a legitimate claim are listed below:
A breach of the medical standard of care must then be demonstrated by showing that the doctor or medical professional acted (or failed to act) in a way that a similarly trained and competent provider would not have in the same situation.
Patients may be harmed by the negligence of more than just their doctors. Depending on the details of the case, there may be several healthcare providers or medical institutions that bear some responsibility for the medical error. Some common examples of responsible parties are listed below:
Medical institutions like hospitals, clinics, and healthcare companies can also be responsible in some cases. An investigation into the cause of a patient’s injuries may reveal that negligence on the part of an employee caused harm or that a hospital’s policies or procedures contributed to the injury. Since patients often see multiple healthcare providers during the course of receiving treatment, more than one person may bear responsibility.
Medical malpractice actions are different from other personal injury claims because they require testimony by medical professionals. Medical professionals review records and determine whether the healthcare provider met the professional standard of care. In some cases, additional medical professionals review what happened to the patient to provide an opinion about whether another healthcare professional would have provided different care under the circumstances.
To pursue a medical malpractice case in Virginia, you must follow the same strict procedural guidelines as other personal injury claims. Since these cases hinge on medical histories and financial statements, looking into what happened during the incident is a key step in assessing a potential malpractice claim.
The first thing you should do if you suspect that a medical mistake has caused you harm is to protect your health and medical records. Follow your current treatment plan or get a second opinion if you believe a mistake was made, as waiting too long for medical care can allow your condition to worsen.
You should also request copies of your complete medical records. This includes request forms, medical test results, imaging studies, medications and dosages, discharge instructions, and billing statements.
Organize your paperwork by creating a timeline of your medical treatment and write down your symptoms, appointments, conversations with doctors and nurses, and any changes in your condition. Try to collect this information while the events are fresh in your mind. Save all receipts related to medical expenses and travel to and from medical appointments. If you missed work due to your injury, keep documentation proving lost wages as well.
Do not throw away or alter any documentation that may be used in your case. If an insurance company or your doctor’s office asks you to make a recorded statement or sign any documents, you should speak with a Virginia Beach medical malpractice attorney first.
Every incident differs based on the injuries and negligence involved, but plaintiffs may seek compensation for economic and non-economic losses. Types of potential economic damages are listed below:
Virginia places limits on certain damages in medical malpractice cases, so victims should know how Virginia’s statutes may impact their potential recovery.
The U.S. Supreme Court reported that for every medical malpractice verdict made in favor of a patient, twice as many verdicts rule in favor of a physician. They also added that tort plaintiffs triumph in around 50% of cases. These numbers alone represent the vital role that a Virginia Beach medical malpractice attorney can play in a medical malpractice case. This is especially true in cases when the plaintiff could easily be denied compensation without an experienced advocate on their side.
Patients should never face complex legal claims alone. Medical malpractice claims require a Virginia Beach medical malpractice attorney to review medical records, obtain professional witness opinions, preserve evidence, calculate damages, negotiate with insurance companies, and prepare the case for settlement negotiations and trial if necessary.
Patients who live in Virginia Beach are served by hospitals, specialty clinics, military treatment facilities, and outpatient care centers all across Hampton Roads. Oftentimes, patients travel to and from Virginia Beach and nearby communities for treatment via Interstate 64, Interstate 264, and U. S. Route 58. Thus, treatment may be received under multiple health systems.
In the case that a claim is filed, many civil actions for Virginia Beach citizens are litigated in the Virginia Beach Circuit Court located at 2425 Nimmo Parkway, Virginia Beach, VA 23456. Knowing where you can file your claim is just one piece of the Virginia civil court process. A Virginia Beach medical malpractice lawyer can guide you further.
Yes, you can file a claim even if you improved or recovered from your injury. As long as there is proof that negligent care resulted in unnecessary treatment, unnecessary procedure, prolonged healing time, additional medical bills, or unnecessary pain, your damages may be compensable. The standard is often whether the provider caused needless harm, rather than whether the patient got better.
No, hospitals are not always automatically responsible for every medical mistake that happens there. Some doctors are employees of the hospital, and some are independent contractors allowed privileges to admit patients to the hospital. You would need to examine employment contracts, hospital records, and the facts of how you or your loved one was treated and injured to determine who could be liable.
A Virginia Beach medical malpractice attorney can be a great resource in these types of situations.
Signing a consent form doesn’t mean you can’t file a claim for malpractice if negligence happens. Consent forms typically state that the patient knows the risks involved in the procedure. A consent form does not relieve the doctor or other healthcare provider from providing the normal standard of care or protect them from liability for preventable mistakes.
Yes, wrongful death claims may be an option for surviving loved ones or a personal representative when medical negligence leads to the death of a patient. Virginia law spells out who can recover damages and what damages may be available. The specifics vary from case to case according to the facts and state law. Your attorney can help you navigate a wrongful death claim for your loved one.
If you suffered injury due to the negligence of a medical professional, you may be able to file a medical malpractice claim. Contact Brooks & Baez for a consultation to learn more about your eligibility to seek compensation.
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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