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What Are the Four D’s of Medical Negligence in Virginia?

Mar 1, 2021 | By Rand Robins | Read Time: 2 minutes

When you visit a doctor, you expect that they will treat you to the best of their ability. You should be able to trust your doctors and other medical professionals. However, not all Virginia medical providers provide the required standard of care, resulting in mistakes. Some of these mistakes rise to the level of medical negligence, which means you could be entitled to compensation for your injuries. To successfully resolve a medical malpractice claim, you need to prove the 4 D’s of malpractice. Because medical negligence claims are typically complicated to pursue, we recommend contacting a skilled Virginia medical malpractice lawyer for assistance.  To set up a free consultation, send us a message or call (804) 404-7870 today. What Are the Four D’s of Negligence? The four D’s of negligence are duty, dereliction, direct causation, and damages. If you cannot prove even one of these elements, you won’t have a valid claim for medical malpractice.  Duty Is the Physician’s Duty of Care All health care professionals are legally obligated to uphold a certain standard of care when treating any of their patients. This duty requires medical professionals to use the same high standard of care that similar medical professionals would use. They must also inform their patients about any potential risks of treatment or procedures and keep their patients’ personal information confidential. Dereliction Occurs When the Health Care Provider Breaches Their Duty When a Virginia health care provider is derelict in their duty, they can be held responsible for their actions. Examples of dereliction include when a health care provider prescribes the wrong medication or performs an unauthorized procedure. Other derelictions occur when a surgeon leaves a foreign object in someone’s body after surgery or a patient develops an infection after a procedure because a medical professional didn’t properly sanitize the work environment. Direct Causation Involves Showing That the Health Care Provider’s Negligence Caused Your Injuries The third D is direct causation. Proving direct causation requires showing the health care provider’s actions were the direct cause of your injuries. In some cases, proving direct causation is very easy, while it’s far more complicated in other cases. One example of direct causation is when a surgeon operates on the wrong body part. Damages Are the Financial Losses and Harm You Suffered The final element to prove in a Virginia medical malpractice claim is damages. You must be able to show you suffered some financial and physical harm to have a case. Without the ability to show there was some negative impact to you, you don’t have the 4 d’s of negligence to successfully recover damages in a Virginia medical malpractice case. Damages in a medical malpractice case include physical and emotional harm, additional medical expenses, lost wages, and more. If you have suffered harm due to a medical professional’s actions, you need to contact a Virginia medical malpractice lawyer who can advise you whether you have a valid case to pursue. Contact Our Richmond Medical Malpractice Lawyers Don’t try to handle a potential medical malpractice claim on your own. Let an experienced Richmond medical malpractice lawyer represent you. You need a legal advocate who can protect your rights and gather the necessary evidence to prove the four d’s of negligence. Call (804) 404-7870 or contact Lantz & Robins, P.C. online, today to schedule an initial consultation. Let us help you fight for the compensation you deserve and hold the negligent health care providers accountable for the harm they caused you.

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What Is Nursing Home Negligence in Virginia?

Feb 22, 2021 | By Rand Robins | Read Time: 2 minutes

If you suspect a loved one is being abused or neglected in their nursing home, it’s imperative to take action right away. Some prospective clients want to file a lawsuit against the nursing home immediately. However, filing a complaint against a nursing home in Virginia requires you to prove negligence. Without proper evidence, the nursing home will not be held accountable. You can also file a complaint with the Virginia Department of Health. To learn more about how to report nursing home abuse, we recommend speaking with a skilled Virginia nursing home abuse attorney. Defining Nursing Home Negligence in Virginia Nursing homes are held to a high standard of care. Nursing home residents are guaranteed certain protections and rights when living at a nursing home facility, one of which is the right to be free from any type of neglect or abuse. Under the federal Nursing Home Reform Act of 1987, nursing homes that receive Medicaid or Medicare funds are required to maintain a safe environment for all their elderly residents. When a nursing home fails to adhere to the required standard of care, it can be held accountable for its actions. Proving negligence in a lawsuit requires you to show: The nursing home was negligent (the nursing home made a mistake); Their negligence was the proximate cause of the plaintiff’s injuries (their mistake caused the injury); and The injury was severe and resulted in damages (the plaintiff’s injuries required medical treatment). You want to have strong evidence before you consider filing a legal complaint. You also need to weigh the pros and cons of filing a lawsuit. Lawsuits can take years to resolve, they tend to be very costly, and there’s a good chance that Medicaid or Medicare will take a significant percentage of the settlement. Instead, look at filing a complaint with the Virginia Department of Health first. At Lantz & Robins, P.C., our legal team has decades of combined experience handling Virginia nursing home abuse and neglect cases. We can help you get a complaint filed with the Department of Health and determine whether you have enough evidence to proceed with a lawsuit. How to Report Nursing Home Abuse to the Virginia Department of Health? The Office of Licensure and Certification (OLC) oversees activities and licenses for Virginia nursing home facilities. You can report a concern by phone or file a written complaint. You’ll need to share detailed information on your concerns and why you suspect abuse or neglect. The OLC will send out an investigator unannounced to investigate and review your family member’s chart. The investigator will determine whether the nursing home provides the standard of care as required by the law. Filing a claim with the Office of Licensure and Certification does not cost you anything, but it can have a significant impact. It could help stop the abuse and neglect against your family member, as well as other residents of the facility. Contact a Virginia Nursing Home Abuse and Neglect Lawyer To learn more about nursing home abuse and neglect and discuss the best course of action for your particular situation, speak with our experienced Virginia nursing home abuse and neglect lawyers. Contact Lantz & Robins, P.C., today to schedule an initial consultation. Let us put our years of experience with nursing home abuse and personal injury cases to work for you and help you hold the nursing home accountable for mistreating someone you love.   

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Who Can File a Wrongful Death Suit in Virginia?

Feb 3, 2021 | By Rand Robins | Read Time: 2 minutes

The unexpected and sudden loss of a family member is never easy to accept. The loss is especially traumatic when your loved one’s death was due to someone else’s negligence. In this situation, certain family members may have the right to claim damages against the at-fault party. To find out who can file a lawsuit under the Virginia wrongful death statute, you need to speak with an experienced Virginia personal injury lawyer. At Lantz & Robins, P.C., we have decades of experience assisting Virginia clients with all their personal injury needs, including wrongful death lawsuits. Like other states, Virginia has its own laws on who can file a wrongful death lawsuit. These can be complicated claims to pursue, which is why you want an experienced lawyer who can help. Statutory Beneficiaries Can File Under the Wrongful Death Statute in Virginia Virginia allows those who are defined as statutory beneficiaries to bring a wrongful death lawsuit. There is a specific order of priority regarding who can bring a claim. And the lawsuit itself can be filed only by the personal representative for the estate. Individual family members cannot file. Although the estate representative is the one filing, any financial recovery will go to the appropriate beneficiaries.  Surviving spouses and children are the family members who have the first right to bring a wrongful death lawsuit in Virginia. If a child is deceased, the surviving grandchildren may bring a claim. If the deceased had no surviving spouse and no children or grandchildren, then the decedent’s surviving parents, siblings, and any other family member in the decedent’s household who was financially dependent can bring a wrongful death claim. If the decedent has no children or grandchildren but has a surviving spouse and both parents, then the surviving spouse and parents could bring the wrongful death action. In the rare event there is no surviving spouse, children, grandchildren, parents, siblings, or any other family who primarily depended on the decedent, then Virginia’s estate laws will apply to identify the person’s next of kin. It’s important to point out that Virginia law recognizes relatives as someone related to the deceased by blood, marriage, or adoption. This can even include stepchildren. However, some parents are prohibited from filing a claim on behalf of their deceased child. If a parent had their rights terminated or had their child placed with a foster home, they are not entitled to bring a wrongful death claim or benefit financially.  How Long Do You Have to File a Wrongful Death Lawsuit? As with other types of personal injury claims, Virginia law requires that you file a wrongful death lawsuit within the statute of limitations. In most cases, this is two years from the date of the person’s death, not the incident or accident date. If you fail to file within two years, the court will likely dismiss your entire case. Contact a Virginia Wrongful Death Attorney Determining the right party to bring a wrongful death claim can be challenging in some cases. If you believe you have a valid wrongful death claim, it’s best to speak with an experienced attorney first who can help guide you through the process. Contact Lantz & Robins, P.C., today to schedule an initial consultation. We know this is a terrible time for your family. Let us navigate the claims process for you and help you hold the responsible party accountable for your loved one’s death.

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The Process of a Nursing Home Lawsuit in Richmond

Jan 20, 2021 | By Rand Robins | Read Time: 3 minutes

Nursing home abuse and neglect are problems plaguing facilities all around the country. You assume that when you move a loved one into a nursing home, they will be well cared for and treated with respect. When that doesn’t happen, the resident’s family may need to file a lawsuit to hold the nursing home accountable for negligence. A nursing home abuse lawsuit can be notoriously complicated cases to resolve. It can take months or even years before defendants are willing to negotiate any nursing home negligence lawsuit settlements. To learn more about how to file a lawsuit for nursing home abuse and neglect in Virginia, speak with an experienced Richmond nursing home attorney at Lantz & Robins, P.C. How a Richmond Nursing Home Lawsuit Works Before filing a lawsuit, many victims and their families will try to pursue a settlement with the nursing home directly. Settling out of court can save both time and money. However, you could be settling for less money if you handle the claim yourself. That is why having a legal advocate like Lantz & Robins, P.C., on your side is so important. Insurance companies know plaintiffs don’t have legal experience or understand the claims process, so they often extend offers for far less than the case is worth. If your case doesn’t resolve out of court, then your attorney will file a lawsuit on the victim’s behalf. The defendants will need to file an answer to your lawsuit. Depending on the case’s circumstances, your attorney may begin negotiations right away, or they may start depositions and utilize other investigative tools. At some point, you could be required to attend a mediation where an impartial third party tries to help you resolve your outstanding differences so you can settle the case. During the litigation process, your attorney may issue a settlement demand to the defendant, or the defendant may voluntarily extend a settlement offer. There is no exact order that all cases follow in litigation, which is why it’s hard to predict when nursing home abuse and neglect lawsuit settlements will happen. If you still cannot reach a settlement with the nursing home in the early stages of litigation, then your attorney will begin preparing your case for trial. How Long Does It Take to Settle a Nursing Home Lawsuit in Richmond? Because every case is different, there is no set time or average for how long nursing home negligence settlements take to negotiate. The more substantial evidence you can present to the nursing home’s defense team, the better your chance of resolving the matter sooner. When you have an experienced Richmond nursing home negligence attorney representing you, your case will likely resolve for more money than if you were unrepresented. In many situations, it can take months or even years before a nursing home lawsuit will settle. Factors that influence the time it takes to resolve your case include the amount of evidence, the severity of the victim’s injuries, their prognosis for recovery, and more. If your case ends up in litigation and may head to trial, it can take significantly longer to resolve. In some cases, it could be years before your family receives any sort of compensation. In general, most nursing home negligence settlements happen before the case gets close to trial. There is a high cost to take a case to trial, and there is no guarantee of the outcome. Settling beforehand can reduce legal expenses and costs while ensuring your family member isn’t waiting years for financial compensation. Your attorney will be the one who advises you on the best course of action and whether the proposed settlement is fair. Contact a Richmond Nursing Home Negligence Lawyer Today If you suspect someone in your family is the victim of nursing home abuse or neglect, don’t wait to get help. Contact Lantz & Robins, P.C., today to schedule an initial consultation. We have extensive experience handling nursing home lawsuit cases, and we can help you fight for the compensation your family member deserves.

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What to Do After a Richmond Car Accident

Jan 6, 2021 | By Rand Robins | Read Time: 2 minutes

Being in a car accident can be very emotional and scary. The moments following the initial impact can be filled with confusion and chaos. Knowing exactly what to do after a Richmond car accident may help calm your nerves.  Car Accidents in Virginia According to the Virginia Department of Motor Vehicles Traffic Crash Facts Report, there were 128,172 car crashes in 2019. Of those Virginia accidents, 827 had fatalities and 65,708 had injuries.  What to Do After a Richmond Car Accident If you are unlucky enough to be a part of those statistics, there are some important steps you should take following a car accident in Virginia. Understand That Safety Is Your First Priority Your first task should be to assess whether you and the people in your vehicle are safe. If there are extensive injuries or an emergency situation, call 911 without hesitation. Do not move a seriously injured person unless it is necessary. Wait for emergency services to arrive.  Do Not Leave the Scene of the Accident  Whether there are serious injuries or just a fender bender, do not leave the scene. If your vehicle is safe to drive, try and pull over to the side of the road so you are not blocking traffic. Turn on your hazard lights to warn other drivers to use caution when passing you.  Call the Police Even if the damage to people or property does not appear extensive, it is a good idea to call the police. The police will be able to evaluate the scene of the accident and get statements from both you and the other driver and passengers. A police report can be an important piece of evidence to have later on.  Do Not Admit Fault You will likely speak to multiple people about the accident immediately after it happens. These may include police officers, paramedics, the other party, and insurance agents. It is important not to admit fault in any situation. Certainly state the facts, but do not provide more information than you need to. If you have to go to court to receive compensation for damages, anything you say can be used against you.  Receive Medical Attention Sometimes little aches that appear to be minor can be significant in the long run. Even if you do not need to be rushed to the hospital, you should be seen by a doctor for any aches, bruises, or abrasions. Keep an accurate and detailed record of all medical expenses related to the Richmond car accident.  When Do You Need a Richmond Car Accident Lawyer? If you are in a Virginia car accident, damages should be paid by the insurance company of the party that caused the accident. Most insurance companies seek to avoid payout. This could mean a lengthy liability dispute and potential litigation if the settlement offered is unfair to either party.  The experienced personal injury attorneys at Lantz & Robins, P.C., can provide professional guidance and peace of mind while helping you navigate the legal system and preparing your case for the best possible outcome and the recovery you deserve. Contact us today for a free consultation.

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Tips for Hiring the Best Medical Malpractice Attorney in Richmond

Dec 22, 2020 | By Rand Robins | Read Time: 3 minutes

There are no two ways about it: if you are the victim of medical malpractice, you have a right to sue for damages.  All medical providers have an obligation to give the best care they possibly can. When a medical provider violates this maxim, it can create serious problems for their patients and their families. If you are thinking about suing over medical malpractice in Virginia, you want to know how to find the best medical malpractice lawyers in Virginia. However, it is not always clear how to find a good medical malpractice attorney. These tips are to help show you how to find the best medical malpractice lawyers possible. Shop Around First, be sure to shop around while you are looking for a medical malpractice attorney. Don’t just hire the first lawyer you speak to. Check-in with a couple of other attorneys. In doing so, you can check the approach suggested by your attorney against other attorneys’ advice. If you speak with three attorneys who offer three different approaches to your case, pick the one that best suits your case’s individual needs. Because most medical malpractice attorneys offer free consultations, you don’t have much to lose. If an attorney will not meet with you without charging a fee, you may want to steer clear of them. Look for Reviews While you are choosing which attorneys to speak with, look for reviews of those attorneys. Websites like Google often have attorney reviews, but there are also attorney-specific review sites like Avvo and Findlaw that have attorney reviews. You may find a red flag in a review or multiple reviews that will help you avoid wasting your time speaking with an attorney who is not a good fit for you. If you know anyone who has sued over medical malpractice in the past, you can also speak with them for recommendations. Many attorney websites will have client testimonials too. These can be of great help in screening medical malpractice attorneys. Be Cautious If They Promise You the World Remain wary of any attorney who promises you the world or guarantees that they will get compensation for you. A good medical malpractice attorney will not make such promises and will probably tell you that there is a range that you might see in a settlement. A good attorney will not guarantee to you that they will get you X amount of money because such guarantees can be difficult to follow through on. A rule of thumb to remember in this regard is if it seems too good to be true, it probably is. If you speak with several attorneys that give you similar settlement estimates, you can have confidence that they are being upfront and honest with you. Experience and Focus Finding a lawyer who has extensive experience with medical malpractice is a must. The same goes for any area of law. A lawyer with experience in a given area will know the ins and outs of that area of law. Drawing on their experience, they will be ready for whatever direction your case takes. Without an experienced medical malpractice attorney, your medical malpractice case may face unforeseen challenges in the claims process that can derail it. Finding a lawyer who has medical malpractice as one of their focus areas is a good way to find one with specific experience in the area. Different areas of law require different skill sets. It is difficult, if not impossible, to master every area of law and keep up with that mastery. Every area of law is constantly evolving, so you want an attorney who is keeping up with the evolution of medical malpractice specifically. If medical malpractice is one of their focus areas, it is a good sign that they have experience with it.  Contact Lantz & Robins, P.C. If you are shopping around for medical malpractice attorneys in Richmond, Virginia, contact us at Lantz & Robins, P.C., for a free consultation. As medical malpractice is one of our focus areas, we have extensive experience in the field and can help guide you through your claim from start to finish. Don’t just take our word for it; check out our case results and testimonials pages to see what we have done for our previous medical malpractice clients. Our goal is to give you the best medical malpractice help possible, so don’t hesitate to contact us with any questions. Call us today!

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What is the Statute of Limitations in Virginia for Medical Malpractice?

Nov 28, 2020 | By Rand Robins | Read Time: 6 minutes

If you were harmed due to medical malpractice, you likely have many questions and want to know what you should do next. What types of cases qualify for medical malpractice? How long do you have to file a medical malpractice lawsuit in Virginia? To learn more about medical malpractice cases and how long you have to file your particular lawsuit, contact a Richmond medical malpractice lawyer today. At Lantz & Robins, P.C., our trial lawyers have over 40 years of combined experience helping clients just like you get the compensation they deserve. We have handled numerous Virginia medical malpractice lawsuits. We understand how complex medical malpractice cases are. Let us put our knowledge and skills to work for you. Contact our experienced medical malpractice attorneys today! How Long Do You Have to File a Medical Malpractice Lawsuit in Virginia? The amount of time you have to file a lawsuit is known as the statute of limitations. This deadline varies based on the type of claim you are presenting and the circumstances surrounding your case. The deadline for personal injury cases in Virginia is two years from the date of the accident. Medical malpractice is somewhat different. In most cases, you have up to two years from the date of injury to file a lawsuit. If your family member passed away from medical malpractice, you have two years from the date of their death. If the victim is a child, the medical malpractice statute of limitations for a minor in Virginia can be confusing. There are different rules in place if the child is under eight years old—you must bring an action before their 10th birthday. That means if your child is five years old at the time, you could have up to five years. If they are close to turning eight, you would have only two years. If your minor child is 10 years or older, you have two years to bring an action. Are There Exceptions to the Statute of Limitations for Medical Malpractice in Virginia? There are limited circumstances that could change your filing deadline.  Continuing Treatment Rule The continuing treatment rule says that if you’ve had substantially uninterrupted treatment for the same condition, your time to file a claim would not begin counting down until the last treatment date. However, this is a very complex exception. Your attorney will be able to tell you what deadlines apply in your individual case. Foreign Objects In some cases, medical malpractice involves a foreign object, such as a needle or surgical sponge, being left in your body. In that case, you have two years from the date it occurred, or one year from the date when you discovered the foreign object or reasonably should have discovered it, whichever amount of time is longer. Fraud If there is proof of concealment, fraud, or intentional misrepresentation that prevented you from discovering the malpractice, then you have a year from the date of discovery or when it reasonably should’ve been discovered. Failure to Diagnose Some medical malpractice cases involve a negligent failure to diagnose a malignant tumor or cancer. In those cases, you will have a year to file a claim after you learn of the diagnosis if certain conditions exist. However, this rule applies only to cases where the omission or underlying act occurred after July 1, 2008. Government Employees Another exception to the two-year rule to note is when your malpractice involves a medical professional employed by the Commonwealth of Virginia. That could be a doctor at UVA or VCU, for example. These claims fall under the Virginia Tort Claims Act. Under these rules, you must provide notice to the Commonwealth within a year of the alleged malpractice. Statute of Repose Even if an exception applies that would extend the statute of limitations in your case, Virginia’s statute of repose may prevent you from bringing your claim more than 10 years after the malpractice occurred. For example, if you discover a foreign object 13 years after surgery, you would not be able to bring a claim even though you would typically have a year from the date of discovery. What Happens If You Miss the Deadline to File a Medical Malpractice Lawsuit? Missing the deadline means the statute of limitations has expired or run out. If this happens, you cannot legally pursue a claim any longer. If you were in the middle of negotiations with the insurance company, they do not have to continue settlement talks with you. That is one of the reasons why retaining a skilled Richmond medical malpractice lawyer is crucial. When you hire us as your attorneys, we will make sure a lawsuit is filed before the deadline. How Do You Know If You Have a Medical Malpractice Case? When you see a medical professional, you expect that the people you entrust your life to will ensure you receive the proper care. When mistakes occur and you suffer harm at the hands of a doctor, nurse, anesthesiologist, etc., you may have legal recourse for your injuries. However, not all incidents will rise to the level of medical malpractice. Your case must meet specific criteria for you to bring a successful claim for damages.  Duty First, you must prove that the physician had a duty to provide you with reasonable care. The existence of this duty depends on whether you had a doctor-patient relationship. There has to be an identifiable relationship showing you are a patient of the medical professional. You cannot claim damages for decisions you made following an offhand comment from a physician at a social gathering, for example. In most cases, it’s relatively straightforward to show a doctor-patient relationship. Where it can be tricky is if you had a consulting doctor who didn’t administer treatment directly. Breach The next element you must show is that the physician breached their duty to you. You don’t have the right to sue just because you’re unhappy. To prove they breached their duty, you must provide evidence that another reasonable […]

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What Is the Statute of Limitations on Personal Injury in Virginia?

Nov 21, 2020 | By Rand Robins | Read Time: 7 minutes

If you or someone you love was injured due to someone else’s actions, you might have a valid personal injury claim. A personal injury claim can arise from many incidents, from car accidents and slip and falls to defective products and medical malpractice. It’s important to know what your rights and obligations are regarding the statute of limitations in Virginia for personal injury. If you miss the filing deadline, the court could bar your case. That is why you want to retain an experienced Richmond personal injury lawyer. At Lantz & Robins, P.C., our team of personal injury lawyers has over 40 years of combined experience helping Virginia clients. When you meet with us, we will evaluate your case and let you know the personal injury statute of limitations that applies to your particular claim. Contact our personal injury attorneys today to get started! How Long Do I Have to File a Personal Injury Claim? In most Virginia personal injury claims, you have two years from the date of injury to file a lawsuit. Examples include: Car accidents, Truck accidents, Bicycle accidents, Motorcycle accidents, Slip and fall accidents, Negligent security, False imprisonment, Defective products, Medical malpractice, Wrongful death, and Assault and battery. If you present a claim for defamation, such as libel or slander, the statute of limitations is only one year. If you want to bring a lawsuit against a former lawyer for alleged malpractice, you could have three or five years, depending on whether there’s a written retainer agreement. Trespass claims also have a five-year statute of limitations. Getting the statute of limitations right is crucial. You can legally file a claim or lawsuit on your own without legal representation, but we don’t recommend it. There are too many variables that can affect the statute of limitations. It is not worth risking your entire case if you inadvertently miss the deadline to file. How Is the Statute of Limitations Calculated? The personal injury statute of limitations usually starts counting down from the date of the accident or injury. However, some situations can complicate determining the statute of limitations. For example, consider someone who is diagnosed with an occupational disease years after exposure or someone who discovers a foreign object left inside their body three years after surgery. These victims can’t meet the two-year deadline for reasons beyond their control. Occupational Diseases or Medical Malpractice Consider someone who is diagnosed with an occupational disease years after exposure or someone who discovers a foreign object left inside their body three years after surgery. These victims can’t meet the two-year deadline for reasons beyond their control. If your personal injury claim does indeed involve occupational diseases or medical malpractice, it’s even more important you contact our skilled Richmond personal injury attorneys. If the victim is a minor, the rules are different regarding the statute of limitations. For most personal injury matters, a minor has two years after they turn 18 to file a claim. That means the deadline to file would fall on the child’s 20th birthday. This is because someone under 18 cannot enter into a contract—they don’t have legal capacity. However, the statute of limitations is very different if the case involves a minor and medical malpractice. For children under eight years old at the time of the malpractice, Virginia law says they have until their 10th birthday. But children ten years of age and older have only two years to file a lawsuit. That means the parents have to file a medical malpractice suit on behalf of their children. If the parents don’t do so, a child won’t be able to pursue a claim once they become an adult. If these examples aren’t convoluted enough, you could have multiple statutes of limitations to deal with in your case. Work Injuries Some injuries result in multiple claims, and those claims may not have the same cut-off period. For example, if you are injured in a work-related car accident, you may have two or more types of claims. You might have a workers’ compensation claim for your injuries since you were on the job. You may also be able to present a claim against the at-fault driver’s insurance if they caused the accident. Car Accidents For auto accidents, there are also two separate time limits. For your physical injuries, your claim falls under the two-year statute of limitations. But if you are pursuing a claim for only property damage, the deadline is five years. Your attorney will let you know if you have multiple avenues of recovery in a personal injury claim and what the statute of limitations or claims deadlines are for each. Is There Any Recourse If You Miss the Deadline to File a Personal Injury Claim? In most cases, the court will throw out your case if you missed the filing deadline. Your main hope is that the defense won’t raise the issue when they file the answer. The defendant needs to assert an affirmative defense that you filed beyond the statute of limitations. If they fail to do so, they may waive their right to argue that you didn’t file in time. What Falls Under Personal Injury? Personal injury is any legal dispute that results from damage or harm caused by another party. That harm can be due to negligence, recklessness, or even an intentional act.  Negligence There are two main issues in most personal injury cases resulting from negligence: liability and damages. When someone harms you, they have a legal responsibility to you for your damages. However, you cannot bring a successful personal injury claim without proving liability and damages. To prove liability, you must first show that the other party owed you some type of duty. The most straightforward example is a car accident. Drivers owe a duty to others to exercise reasonable care when behind the wheel of a car. They must follow all laws and rules of the road. Failure to do so is a breach of duty and can result in an […]

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Types of Nursing Home Negligence in Virginia

Oct 23, 2020 | By Rand Robins | Read Time: 3 minutes

Nursing home negligence care can take many forms. Residents can suffer abuse or neglect, both of which can lead to significant harm. Nursing home negligence can also lead to slip and fall accidents.  Nursing homes are not likely to admit their liability. This is why you need to retain a skilled Richmond nursing home negligence attorney. Types of Nursing Home Negligence Nursing home abuse and neglect are rampant problems in nursing homes all across the country. When a nursing home breaches its duty and provides care that results in residents suffering harm, they are negligent. Neglect and abuse are two distinct problems. Nursing home abuse takes one of four primary forms: Physical abuse, Emotional or mental abuse, Sexual abuse, or Financial abuse. Nursing home neglect points to a lack of interaction and care. A nursing home must provide its residents with basic necessities. Examples are food, water, safety, medical treatment, medications, and a clean environment. Neglect can lead to harm and significant injuries, such as those sustained in a slip and fall. Either abuse or neglect can support a negligence claim against the nursing home. Such a claim can be based on the nursing home’s direct actions or on the actions of its staff. Negligent hiring, training, and supervision are common causes of nursing home abuse and neglect. Slip and Falls in Nursing Homes in VA Around three million older people get treated in emergency rooms across the country for injuries related to a slip and fall every year. Nursing home falls in Richmond can point to negligence in many cases. Nursing homes are obligated to assess each resident. If someone has a notation that they are a fall risk, the resident should never be left alone when they are out of bed. The nursing home should be assisting with wheelchair transfers, monitoring the person while using the bathroom, etc. Nursing home falls in VA could result from a poorly trained staff member, lack of adequate staff to monitor residents, or even the lack of proper medical equipment that would’ve kept the resident safe. If you or a family member is in a nursing home and suffered injuries due to a fall, you could have a legal claim for damages. At Lantz & Robins, P.C., our Richmond personal injury lawyers have years of experience representing clients in medical malpractice and nursing home neglect and abuse cases. Let us evaluate your case and help you hold the nursing home accountable for their negligence. Nursing Home Defenses in Richmond, VA If you present a claim against the nursing home for negligence, you can expect that the facility will vigorously defend its position that there was no wrongdoing. These facilities usually have experienced legal counsel. They will attempt to intimidate you in hopes you drop your claim. That is why working with a skilled Richmond nursing home personal injury lawyer is essential. We already know all the tactics and potential defenses their lawyers will raise. Nursing homes will almost always claim that the resident contributed to their own injuries by getting out of bed without assistance, didn’t use their call button, or refused to wait for staff to arrive.  Contact a Richmond Nursing Home Personal Injury Lawyer Today Pursuing a nursing home negligence claim can be complicated. You need an attorney on your side with the skills and experience to hold the facility accountable. Our Richmond nursing home personal injury attorneys are here to help. With our extensive experience in personal injury, nursing home abuse, and medical malpractice claims, we can help you get the compensation you and your family deserve. To learn more about how we can help, contact Lantz & Robins, P.C., today.

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Common Examples of Medical Malpractice in Richmond, VA

Oct 19, 2020 | By Rand Robins | Read Time: 2 minutes

If you were injured during a medical procedure, you may be wondering what to do next. Doctors, nurses, and other healthcare professionals are held to a high standard of performance. There are risks associated with any medical procedure, and healthcare professionals are bound to make mistakes. Some mistakes, however, are unacceptable. If the medical professional who treated you was negligent in providing or omitting treatment, your medical malpractice complaint may set an example in Virginia that can discourage other providers from acting negligently.  To speak with an experienced Richmond medical malpractice lawyer, contact the team of Lantz & Robins today to see how we can help you recover the compensation you deserve. What Are the Four Elements of Medical Negligence? Negligence is a legal theory that allows injured parties to recover financial compensation for their medical expenses, lost wages, and emotional distress, among other losses. Proving negligence requires you to establish four elements:  Duty,  Breach,  Causation, and  Injury.  When a healthcare provider takes you on as a patient, they accept a duty to provide you with reasonable care. To prove that your healthcare provider breached their duty, you must prove that their treatment fell below the required standard of care for their profession. The standard of care for a healthcare professional requires that professional to behave as a reasonably prudent healthcare professional would in the same circumstances. If your provider breached their duty of care and caused you injury, you can file a complaint about medical malpractice.  What Are the Most Common Examples of Medical Malpractice in Virginia? Medical negligence can occur in any number of treatments and procedures. If a doctor, nurse, or other healthcare professional failed to act as a reasonably prudent person in their profession and in the same circumstances would act, they were medically negligent. There are certain procedures and mistakes that most commonly result in medical malpractice cases. Examples of medical malpractice in Richmond include:  Diagnostic errors, Birth injuries,  Medication errors (type of medication and dosage), Hospital-borne infections, Nerve damage,  Surgical errors,  Premature discharge, and Anesthesiology errors.  If you experienced an example of medical malpractice in VA or you were otherwise harmed during a medical procedure or treatment in Virginia, you should speak to an experienced Virginia medical malpractice attorney. A medical malpractice attorney can explain your options going forward and communicate with insurance companies on your behalf.  What Percentage of Malpractice Cases Make It to Trial? Medical malpractice cases are complex and time-consuming. In addition to meeting with clients and writing court briefs, medical malpractice attorneys spend a significant amount of time negotiating with insurance companies and hospital legal departments. The settlement is often the preferred method for resolving a case. The settlement is often more efficient and less expensive than taking cases to trial. However, when insurance companies and hospital claims departments make unreasonable settlement offers, experienced medical malpractice attorneys have no choice but to take the case to trial. In a 2007 report, the United States Department of Justice found that only 5% of medical malpractice cases go to trial.  How a Richmond Medical Malpractice Attorney Can Help  The Richmond medical malpractice lawyers at Lantz & Robins, P.C., have years of experience litigating medical malpractice claims in Richmond, Virginia. Our clients are our first priority. Our medical malpractice attorneys will walk you through your options, step by step, in the hopes of securing your best financial recovery. We will research your claims, communicate with hospital claims departments, negotiate with insurance companies, and file necessary documents with the court. Contact us today to schedule a free consultation. We look forward to hearing from you.

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