Do You Have a Potentially Successful Medical Malpractice Case?

So you think you have been the subject of medical malpractice? How do you know if this could be a potentially successful case?  First, you must make sure that your statute of limitations has not run.  Generally, Virginia gives two years from the date of the incident to file a medical malpractice case.  There are certain exceptions to this rule, but generally, the two-year rule is the one to follow.  For example, if a doctor operates on the wrong leg, then most probably your statute would run two years from the date of the surgery on the wrong extremity.  Two years can go by very quickly, so it is best to consult a lawyer as soon as possible.  Even if you believe the two years have passed, it is always a good idea to call an attorney to make sure that an exception to the two-year statute of limitations rule does not apply to your circumstances.

To have a meritorious medical malpractice action, you must be able to successfully prove that one or more of your healthcare providers (doctors, nurses, dentists, etc.) committed “malpractice” and that that malpractice was a “proximate cause” of your injuries and damages. So, what is malpractice?  “Malpractice” is defined as the failure of a healthcare provider to act with the degree of skill and diligence of a reasonably prudent healthcare provider. The fact that you had a bad outcome does not prove malpractice.

There is also a second element to have a potentially successful medical malpractice case in Virginia and that is “proximate cause.” “Proximate cause” is defined as a cause which in natural and continuous sequence produces the injury and damage and without which the injury and damage would not have occurred.  So, basically, you must prove that the medical malpractice caused your damage.  For example, if the surgeon performed surgery on your wrist and now you have no feeling in your hand, you must prove that the doctor who performed surgery on your wrist performed the surgery incorrectly (malpractice) and that the incorrectly performed surgery was the cause of the loss of feeling in your hand. These elements may only be proven through opinions of an expert witness, another physician who practices in the same or similar specialty as the surgeon who operated on your wrist.

Plaintiff’s medical malpractice law is a complicated area of law.  It is best to consult medical malpractice attorneys immediately once you believe that you have been a subject of malpractice.  An attorney can answer your questions, help you obtain your medical records, and evaluate your claim to determine whether you would potentially have a successful case. Contact us today to speak with one of our medical malpractice attorneys in Roanoke, Lynchburg, Richmond, or Norfolk.