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What Constitutes Medical Malpractice in Virginia? A Comprehensive Guide to Understanding Your Rights

Medical Malpractice in Virginia 

Medical malpractice is a complex issue that affects many patients in Virginia each year. If you or a loved one has been injured due to a healthcare provider’s negligence, you may have a medical malpractice case. This guide will provide a comprehensive overview of medical malpractice laws in Virginia, including what constitutes malpractice, common examples, the statute of limitations, and steps to take if you believe you have a case.

Remember, you don’t have to navigate your medical malpractice alone. We are here to help you. To learn more, call Altizer Law today at 540.345.2000

What is Medical Malpractice in Virginia?

Medical malpractice occurs when a healthcare provider fails to meet the standard of care when treating a patient, resulting in injury or harm. Under Virginia law, in order to prove medical malpractice, the patient must show:

  • The provider had a duty to care for the patient

  • The provider breached this duty or was negligent

  • The breach caused an injury

  • The injury led to specific damages or losses

All four elements must be established to have a valid medical malpractice claim in Virginia.

Common Examples of Medical Malpractice in VA

Medical malpractice encompasses a wide range of situations. Here are some of the most common examples of potential medical malpractice cases in Virginia:

Misdiagnosis or Delayed Diagnosis

One of the top reasons patients pursue malpractice claims is a missed, delayed, or wrong diagnosis. This means a doctor failed to detect a patient’s condition in a timely manner or misdiagnosed it altogether. A misdiagnosis can lead to a lack of treatment, delayed treatment, or the wrong treatment plan.

Surgical Errors

Another prevalent area of malpractice involves surgical mistakes. This includes operating on the wrong body part, leaving surgical tools inside the patient, puncturing organs, nerves or blood vessels, or complications from anesthesia. Surgical errors often result in serious harm.

Medication Errors

Mistakes with medications like incorrect prescriptions, doses, or administration methods frequently lead to malpractice suits as well. Adverse reactions, allergic reactions, overdoses, and lack of informed consent regarding medications are common issues.

Birth Injuries

For new families, birth injuries like brain damage, broken bones, nerve damage, and cerebral palsy due to medical negligence can be devastating. Prenatal care errors or delivery mistakes could constitute obstetrical malpractice.

Nursing Home Abuse or Negligence

Elderly nursing home residents are vulnerable to issues like bedsores, dehydration, malnutrition, infections, falls, and medication errors. Failure to prevent these problems by providing adequate care and supervision can be grounds for a malpractice claim.

Medical Malpractice Statute of Limitations in Virginia

In Virginia, patients have a limited time frame to file a medical malpractice lawsuit. According to Virginia Code § 8.01-243, plaintiffs generally have:

  • 2 years from the date of injury to file suit against a healthcare provider

  • This timeframe may be extended for injuries to a minor until 2 years after the minor reaches age 18

  • The statute of limitations may also be tolled (paused) if evidence of malpractice was concealed or could not be discovered right away

It’s critical to act promptly and file your malpractice claim before the statute of limitations expires. An experienced attorney can advise you on timeline considerations specific to your situation.

Steps to Take if You Suspect Medical Malpractice

If you or a loved one suffered harm that may have been caused by medical negligence, here are important steps to take:

  • Document everything – Keep detailed records about symptoms, timeline of events, conversations with providers, and any mistakes or oversights.

  • Gather evidence – Collect pertinent medical records, billing statements, correspondence with providers, and any other evidence that could support your claim.

  • Get knowledgable opinions – Consult with another doctor to review your records and provide their medical opinion on whether malpractice occurred.

  • Report incidents – File an incident report with the healthcare facility detailing what happened. Report any licensing or ethical violations to the proper oversight boards as well.

  • Contact an attorney – An experienced medical malpractice lawyer can thoroughly evaluate your case and advise you on the strongest legal options.

Finding the Right Medical Malpractice Attorney in Virginia

Pursuing a medical malpractice claim requires in-depth understanding of personal injury law. An attorney experienced with medical negligence cases can handle the complex legal process for you while you focus on recovery. When choosing a medical malpractice lawyer in Virginia, opt for someone who:

  • Focuses specifically on medical malpractice and personal injury law

  • Has a proven track record of success with similar cases

  • Is prepared to take the case to trial if a fair settlement cannot be reached

  • Makes you feel comfortable and provides responsive, compassionate counsel

The Bottom Line

Suffering any type of harm due to substandard medical care can warrant a malpractice lawsuit. But Virginia has strict laws and deadlines governing these cases. If you think you have a valid claim, consult with a medical malpractice attorney right away. A personal injury lawyer can thoroughly evaluate your situation, preserve your rights, and help you pursue maximum compensation for your injuries and losses. With knowledgeable legal guidance, you can make informed choices to obtain justice after medical negligence.

Frequently Asked Questions About Medical Malpractice in Virginia

Here are answers to some common questions about pursuing medical malpractice claims in Virginia:

1. Can I still sue if I signed consent forms at the doctor’s office?

Yes, you can still pursue a malpractice claim. Patient consent forms do not release a healthcare provider from the duty of providing safe, responsible care.

2. Is there a cap on medical malpractice damages in Virginia?

There is a $2 million cap on total damages in malpractice cases, including pain and suffering damages. Economic losses like medical bills and lost wages are not subject to the cap.

3. Do I need a witness for a malpractice claim?

In most cases, having a qualified individual like a doctor is necessary to establish proper standards of care and causation of injury. An attorney can help retain credible witnesses.

4. How are damages calculated in a malpractice case?

You may recover both economic damages like medical costs and lost income and non-economic damages for pain/suffering, loss of enjoyment of life, and other hardships. An attorney can seek full and fair compensation.

5. How long do medical malpractice cases take in Virginia?

These cases often take over a year through the litigation process. An attorney will handle the legal complexities so you can focus on recovery. Promptly contacting an attorney helps maximize your claim’s strength.

Selecting Your Personal Injury Attorney 

Get help for your medical malpractice case today. Call Altizer Law today at 540.345.2000 to request your free consultation.