medical malpractice attorneys

No cap[1]; in Virginia medical malpractice actions, your recovery is capped, regardless of the amount of damages you actually sustained. The items of damage that are recoverable depend on the nature of the injury sustained. If the patient suffered injury short of death, their damages can include items such as pain and suffering, humiliation and embarrassment, inconvenience, medical expenses, lost wages, etc.[2] If the injury resulted in death, the decedent’s statutory beneficiaries can recover damages including sorrow, mental anguish, loss of companionship, lost support from income, expenses for the care and treatment for the deceased patient, funeral expenses, etc.[3] Regardless […]

Cody’s chance to live a normal life ended at birth when a maternal infection went undiagnosed by doctors. His birth ushered in the beginning of a crushing legal and medical battle for his parents to get the assistance he was owed.  The family initially sought relief from the Virginia Birth Injury Fund (VBIF) — a no-fault insurance system that is supposed to cover expenses for victims of birth-related injury in Virginia. The General Assembly created the program in 1987 as a tort-reduction effort designed to keep malpractice lawsuits out of courts and cap awards for plaintiffs. The fund pays claimants […]

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 […]

We all make mistakes. Mistakes happen at home; they happen driving to work, mistakes are made here in the law firm, and mistakes happen in the practice of medicine. A victim seeking compensation arising from a medical mistake, “medical malpractice,” faces legal challenges to recovery in Virginia which are unique among tort victims. This is why having an experienced Virginia medical malpractice attorney can make or break a case. For instance, unlike all other personal injury claims, medical malpractice cases have a cap, or limit, on recovery imposed by Virginia law which applies regardless of the severity of the injury […]

Article co-written by Matthew Broughton, Jared Tuck, and intern Nicholas Beck In Virginia, a minor’s personal injury case typically has a statute of limitations of two years from the child’s 18th birthday. However, that deadline does not apply when the injury was caused by a medical provider’s negligence. If your child’s claim does not get filed before the expiration of the two-year statute of limitations, then his or her claim may be forever barred. The statute of limitations for a minor’s medical malpractice case can often be confusing, but with the help of experienced Virginia medical malpractice attorneys, your child […]

A doctor’s negligence can have devastating and life-altering effects on a patient. A slip of the knife, a missed diagnosis, an unreasonable delay in treatment: All of these can lead to catastrophe. Many times, a patient’s only recourse after an encounter with a negligent healthcare provider is the Civil Justice system and a lawsuit to recover those damages caused by that provider with experienced medical malpractice attorneys. Although a suit for medical malpractice is just a more specific and specialized claim of negligence, Virginia law places a number of guardians at the gates of the courthouse, in an attempt to […]

Navigating how to bring a personal injury claim in Virginia can be very confusing without experienced medical malpractice attorneys. Adding to that confusion, bringing a lawsuit for an injury caused by medical negligence, or medical malpractice, by a healthcare provider, adds additional complexities. Some requirements are so important that failure to comply with them can derail a lawsuit before it even begins. One such requirement is that you must bring your lawsuit within the time allowed under Virginia law, or it will be forever barred. This is known as a statute of limitations. The General Rule What is a statute […]

Our firm is often asked whether it is necessary to have an autopsy performed on your family member if he or she passes away, and you suspect that medical malpractice was the cause of your loved one’s death. The short answer is, that it is not a legal requirement in Virginia; however, wrongful death attorneys will agree that it is highly recommended. A wrongful death claim based upon medical malpractice is a claim that is brought when a family member dies as a result of the negligence of a healthcare provider. To have a meritorious medical malpractice action in Virginia, […]