Answering 9 FAQs About Medical Malpractice in Virginia

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It might be distressing to find out that something went wrong after putting your trust in a medical expert. A mistake made by a careless medical professional might result in permanent harm.

Here are some of the most common queries that we encounter while assisting clients who have suffered from medical negligence.

What is Medical Malpractice?

Any action or inaction by a doctor while treating a patient that departs from the accepted standards of care and harms the patient is referred to as medical malpractice.

Whom Am I Able to Sue for Medical Negligence?

Medical malpractice is a crime that any licensed medical professional can commit. This would include:

  • Doctors
  • Nurses
  • Surgeons
  • Physical therapists
  • Dentists

What Are Some Examples of Medical Malpractice?

A medication error is any circumstance that can be avoided that could result in improper medication use or patient harm. These occurrences include:

  • Emergency Room negligence
  • Pharmaceutical Injuries and Prescription Errors
  • Misdiagnosis or delayed diagnosis
  • Failure to obtain necessary patient information

What Is the Process for a Medical Malpractice Case?

Four components — duty, breach, injury, and damages — form the basis of most medical malpractice claims. In a medical malpractice claim process, a plaintiff has to prove that there was a doctor-patient interaction. The doctor (or other medical staff) must have acted inappropriately given the situation, and you suffered harm as a result.

According to Virginia law, expert testimony is necessary to establish a medical negligence case. The plaintiff needs a certificate of merit stating that the defendant violated the standard of care. You must provide strong evidence that the defendant was careless.

What is the Value of My Medical Malpractice Case?

Practically speaking, the length and severity of your injuries, the need for future care, and the type of the medical professional’s carelessness all play a role in determining the amount of recovery to which you are legally entitled.

Can I Sue My Doctor for Any Damages If I Sign a Consent Form?

A consent form does not permit a medical professional to behave carelessly. Your consent may be void if you can show that your doctor misrepresented the risks and advantages of the procedure or neglected to sufficiently tell you about them.

What is the “Standard of Care”?

The standard of care calls for a healthcare professional to act with the competence, knowledge, and care typically held and used by other members of the profession operating in comparable situations and circumstances.

What Damages Can I Receive in a Case of Medical Malpractice?

A victim of medical misconduct may be eligible for compensatory and punitive damages. Examples of compensatory damages include:

  • Loss of prospective future earnings
  • Future, recent, and previous medical bills
  • Emotional duress

What is a Statute of Limitation?

A statute of limitations is an arbitrary time limit that a state imposes on a claim and establishes a deadline for filing a claim. All medical malpractice lawsuits involving personal injuries in Virginia must be filed within two years of the date the claim arises.

If you’re a victim of medical negligence, consult with a Virginia medical malpractice attorney to assist you in obtaining the maximum compensation you require to cover all of your expenses.

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