If you or a loved one has been seriously harmed or killed as a result of medical negligence, you may have a case against the hospital, physician, or another healthcare provider.
We have the medical and legal knowledge and experience to evaluate the often complex issues that make or break a medical malpractice case.
Seeking medical care can put you in a vulnerable position; you have no choice but to trust that the person treating you will do so responsibly.
If you suffered an injury at the hands of a negligent healthcare provider, you should consult with an experienced Virginia medical malpractice attorney.
With your money and your future, on the line, you need an expert attorney on your case to help you get the recovery you deserve.
What Is Medical Malpractice in Richmond, VA?
Medical malpractice is an area of the law specific to healthcare providers.
Medical malpractice cases involve harm or injury related to a healthcare provider’s treatment or lack thereof.
To prove medical malpractice, you must demonstrate the healthcare provider’s negligence.
It isn’t enough to establish that your doctor or nurse made a mistake.
Negligence is a civil law legal concept with four elements:
- Duty,
- Breach,
- Causation, and
- Damages.
Proving negligence essentially requires establishing that the healthcare provider breached their duty in failing to meet the standard of care required by their profession and that this breach caused your injury.
Medical professionals must act as a reasonably prudent medical professional would under similar circumstances.
If your doctor failed to meet this standard in providing your medical care, you may be able to sue them for negligence by filing a medical malpractice suit.
Medical malpractice cases require a significant amount of evidentiary support.
Gathering evidence from the provider, the hospital, and insurance companies is not a simple task.
Malpractice lawyers have experience in communicating with these parties and can help ensure that essential documents don’t slip through the cracks.
Common Types of Medical Malpractice in Richmond, VA
Medical malpractice can occur in any kind of medical procedure or treatment.
If your doctor was careless, negligent, or reckless in providing your treatment, you should contact a medical malpractice attorney in Richmond, VA, to determine whether you have a case.
Injuries our medical malpractice attorneys often come across include:
- Failure to diagnose,
- Misdiagnosis,
- Wrong medication,
- Wrong medication dosage,
- Failure to check patient’s medical history,
- Anesthesia injuries,
- Pain management errors,
- Surgical errors,
- Unnecessary surgery,
- Hospital-acquired infections,
- Negligent hiring or medical credentialing,
- Birth injuries, and
- Failure to respond appropriately to medical emergencies.
If you experienced any of the above injuries or were otherwise injured in a medical procedure or treatment, you should seek the assistance of an experienced medical malpractice lawyer in VA.
What Is the Statute of Limitations for Medical Malpractice in Richmond, VA?
Virginia state law sets different statutes of limitation for filing different types of lawsuits.
Medical malpractice cases have a cap on damages available in medical malpractice cases involving healthcare which goes up by $50,000 every year.
The statute of limitations for medical malpractice cases in Virginia is two years from the date of the injury.
Some states allow the statute of limitations to begin to run from the date the injury was discovered.
Virginia, however, is one of a minority of states that follows a strict date-of-the-act rule.
The rule requires the statute of limitations to run beginning on the date of the injury and provides little leeway or flexibility if the injury was not easily discoverable.
There is an exception for medical malpractice cases:
- Arising out of a foreign object being left in a patient’s body, or;
- In which fraud or intentional misrepresentation prevented discovery of the injury
In these cases, the statute of limitations will extend for one year after the foreign object or fraud was discovered or should have been discovered.
However, the statute of limitations can’t be extended to more than 10 years past the date of the original injury.
If you are suffering from an injury due to medical malpractice, you should seek the advice of a medical malpractice attorney to ensure that you meet the statute of limitations and all other essential deadlines.
Damages Available in Virginia Medical Malpractice Cases
If you suffer from injury or harm following a medical procedure, you may be entitled to financial compensation or “damages.”
Damages are meant to make the injured person “whole,” i.e., to compensate them for their losses.
If you were injured because of a healthcare provider’s negligence, you can seek compensation for the following damages:
- Medical expenses (past and future),
- Lost wages and earnings (past and future),
- Pain and suffering,
- Emotional distress, and
- Permanent injury.
You may also be able to pursue a claim for punitive damages if the healthcare provider’s conduct was intentional or reckless.
Virginia law subjects medical malpractice damages to a limit, or cap. The cap on compensatory medical malpractice damages in Virginia depends on the date of injury.
Punitive damages are capped at $350,000.
If you are suffering from an injury after a medical procedure, contact an experienced Richmond medical malpractice attorney who can help you analyze this rule, and others, under Virginia medical malpractice laws.
Why Choose Us?
Lantz & Robins, P.C., is a Richmond, Virginia law firm specializing in all areas of personal injury law.
We pride ourselves on providing personalized representation, individually tailored to each client.
Our medical malpractice attorneys in Richmond, VA, take on smaller caseloads so that we can be sure to provide the best results for our clients.
We represent our clients on a contingency basis, meaning that we don’t collect our fees unless you win your case.
Contact us today online, or by phone, for a free consultation.
Our Virginia medical malpractice attorneys will talk you through your case, step by step, and do our best to represent you.
We look forward to hearing from you.