Careless mistakes by medical professionals can have serious and long-lasting consequences for patients and their families. Unfortunately, these errors can result in severe injuries, prolonged suffering, and even death.
If you or a loved one was a victim of medical negligence, you need an experienced Virginia personal injury lawyer. One who understands the law and treats you with the care and attention you deserve.
At Atkinson Law, we believe in providing our clients with an “insider” experience, ensuring your voice is heard and your rights are protected throughout the legal process. I’m Ed Atkinson; contact me today to schedule a free, no-obligation consultation.
Examples of Medical Malpractice in Virginia
Medical malpractice can occur in various ways, encompassing a wide range of incidents. These errors may include misdiagnosis, delayed diagnosis, surgical errors, medication mistakes, and inadequate patient monitoring.
In addition, all medical malpractice cases involve a breach of a standard of care, harming you or your loved one. Therefore, when medical professionals fail to provide this level of care, it is crucial to seek legal representation to safeguard your rights and pursue compensation for damages.
Here are examples of Virginia medical malpractice:
- Nursing care negligence: Failure to provide appropriate care, including neglecting basic hygiene, not turning or repositioning patients enough, or not providing adequate nutrition and hydration.
- Emergency room errors: Not properly assessing and treating a patient’s condition, misdiagnosing, failing to order necessary tests or improper emergency room discharge.
- Inadequate medical care: Failure to provide a reasonable standard of care, including delayed diagnosis or misdiagnosis of a medical condition, failure to monitor a patient, or other medical errors.
- Anesthesia errors: Administering too much or too little medication or failing to properly monitor patients while under anesthesia.
- Medication errors: Prescribing or administering the wrong medication, an incorrect dosage, or failing to check for potential drug interactions.
- Surgical errors: Performing wrong-site surgery, damaging healthy tissue or organs during a procedure, or leaving surgical instruments inside a patient’s body.
- Birth injuries: Improper use of forceps, delayed C-section, failure to monitor fetal heart rate, or excessive force during delivery.
- Kidney dialysis malpractice: Failure to monitor patients during dialysis, use of contaminated dialysis equipment, incorrect medication dosage, or failure to diagnose and treat complications associated with treatment.
If you or a loved one has been the victim of medical malpractice, I can help you seek compensation for your injuries and losses.
For a free legal consultation with a medical malpractice lawyer serving Virginia, call 757-648-8579
Common Damages in a Virginia Medical Malpractice Case
After suffering from medical malpractice in Virginia, you may be entitled to compensation for various damages. Common damages in a medical negligence case include:
- Medical expenses: This can include the cost of any additional medical treatment required due to the error, including hospital stays, surgeries, and medication.
- Lost wages: If you cannot work due to your injuries, you may be entitled to compensation for lost wages and future lost earnings if you cannot return to work.
- Pain and suffering: Medical malpractice can result in significant physical and emotional pain, and you may be entitled to compensation for these damages.
- Loss of enjoyment: If the injury or illness has affected your ability to enjoy your life as before, you may be entitled to compensation for this loss.
- Punitive damages: In medical malpractice cases where the negligence was particularly reckless or intentional, punitive damages may be awarded to punish the responsible party.
As your Virginia medical malpractice lawyer, I will assess your case and help you understand the damages you are entitled to.
Virginia Medical Malpractice Lawyer Near Me 757-648-8579
The Burden of Proof in Virginia
Winning a medical malpractice case can be challenging, and you may face several obstacles. One of those is the burden of proof.
To establish a valid claim, the plaintiff or their attorney must prove the following elements by a preponderance of the evidence:
- Duty: The healthcare provider owed the patient a reasonable duty of care.
- Breach: The healthcare provider breached that duty by acting incorrectly or failing to act when required.
- Causation: The healthcare provider’s breach of duty caused the plaintiff’s injury.
- Damages: The plaintiff sustained damages due to the healthcare provider’s breach.
Understanding Professional Standards of Care
Proving these elements can be difficult and requires a thorough understanding of professional standards of care.
This means the conduct of a healthcare provider is evaluated based on the actions of a reasonably competent provider with a similar skill level under the same circumstances.
By using other medical professionals with similar backgrounds as a benchmark, I can determine if negligence occurred in your case. For example, heart specialists are held to a different standard than primary care physicians in negligence cases of cardiovascular disease.
If a cardiologist misses symptoms of a heart condition, they may be deemed negligent for misdiagnosing that heart condition because of their specialized expertise. However, the primary care physician who missed the same symptoms may not be considered negligent. (The primary care physician is more likely to be negligent for failing to identify a problem that requires a specialist).
As an experienced medical malpractice lawyer, I will help you build a strong case against the hospital or negligent healthcare worker using experts to establish the appropriate standards of care.
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Why You Need a Lawyer to Handle Your Medical Malpractice Claim
While other personal injury cases, such as car accident claims, often settle out of court, medical malpractice cases often go to trial. This is because healthcare professionals, institutions, and their lawyers employ aggressive defense strategies.
You may not receive a settlement offer even after you file a medical malpractice lawsuit. In this situation, it pays to have already retained an attorney who has been preparing your case for trial. Therefore, I approach every case knowing I will likely present it to a jury.
Why to Choose Atkinson Law as Your Personal Injury Law Firm
As a Virginia medical malpractice lawyer with 15 years of experience, I can help you pursue the compensation your case deserves.. Here are reasons why you should contact me for help:
- I deeply understand Virginia law concerning these medical malpractice cases and can help you navigate a complex legal system.
- I have represented clients in medical malpractice cases and will leverage that experience to investigate your claim and craft a strong case on your behalf.
- I give every case personalized attention and will work closely with you to understand your unique situation and goals.
- I operate on a contingency basis, so you won’t pay me unless I win your case. In other words, when you hire me, there is zero risk, and my attorney fee will come out of your settlement or court award when we win.
- My initial consultation is free; therefore, we can confidently discuss your case, and there is no obligation to hire my firm following our session.
- I will meet you in the hospital, at home, at a family member’s house, or anywhere else convenient, including by video call.
Don’t wait to seek the justice and the financial compensation you deserve. Unfortunately, you have limited time to file your Virginia medical malpractice claim.
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The Time Limit for Filing Virginia Malpractice Claims
According to the Code of Virginia § 8.01-243, the statute of limitations for medical malpractice actions is two years from the date of the alleged malpractice. Therefore, barring unique circumstances, you may lose your right to seek financial compensation if you fail to bring your lawsuit within this time frame.
Taking swift action is crucial if you suspect that you or a loved one has been a victim of medical negligence. Not only do you need to meet the deadline, but contacting me sooner will also expedite the process of obtaining the settlement or verdict necessary for putting this difficult experience behind you.
Additionally, speaking with witnesses while their memories are fresh and gathering evidence before it becomes lost or concealed is essential. Finally, by acting promptly and engaging the assistance of an experienced medical malpractice attorney like me, you can ensure that your case is thoroughly investigated and your rights are protected.
Contact Virginia Medical Malpractice Attorney, Ed Atkinson
When filing a medical malpractice claim in Virginia, there is no substitute for having an experienced personal injury attorney on your side. These cases are often complex, requiring knowledge of both the medical and legal fields.
As your Virginia medical malpractice attorney, I can guide you through the process, ensuring your rights and interests are protected. Retaining me as soon as possible can increase your chances of obtaining a favorable outcome in your case.
Contact Atkinson Law today to schedule your free, no-risk case evaluation.