Medical malpractice cases are considered to be some of the hardest cases to settle and many law firms choose not to do them or refer them to a different law firm. However, our medical malpractice attorneys are not afraid of a challenge. We are known as aggressive litigators in addition to being community members who are not afraid to represent plaintiffs on even the toughest cases. Our goal is to help those who have been injured, disabled or the families of loved ones who have died due to the negligence of a healthcare professional. We will do whatever it takes to get the compensations and damages that they deserve.
Proving Negligence in A Medical Malpractice Case
One of the major obstacles when taking the helm of a medical malpractice case is proving that the health care professional breached the standard duty of care. The standard duty of care is the legal obligation of an individual, in this case, a healthcare professional, to act with a sense of reasonable care while performing any action that could foreseeably harm others. The standard of care includes what is expected to be ordinary, reasonable and true to any other person in the same circumstance. For example, what is the standard norm for another patient receiving this medical procedure and how did the plaintiff’s circumstance differ? And based on these differentiating circumstances (i.e. a surgeon left a medical tool inside the patient after surgery), how did it lead to the personal injuries and impact the quality of life of the plaintiff (i.e. due to the medical tool left inside the plaintiff, the plaintiff suffered pain and was unable to work and therefore lost wages).
Another major obstacle that is common in medical malpractice cases is finding expert witnesses who can provide their testimony. Most of the time, medical malpractice cases are focused on extremely complex medical issues and biology. These concepts can be difficult for the average juror, which is why having an expert witness who has the ability to simplify difficult science concepts can either make or break your case. In Virginia, it is actually required to have an expert witness confirm that the medical professional breached duty of care and that breach of the duty of care is what directly caused the injuries sustained to the plaintiff.
Common Types of Medical Malpractice Cases
It’s scary to think that medical errors are the third leading cause of death within the United States. Even the most experienced and well-trained doctors are capable of committing human error. Sadly these errors can have life or death consequences or lead to serious debilitating injuries or prolonged sickness. Our medical malpractice attorneys have the experience in knowledge in the following areas of medical malpractice:
- Anesthesia Errors – Anesthesia errors include things such as wrong dosage (too much or too little), allergic reaction, improper insertion of breathing tube, improper administration leading to nerve damage or the wrong type of anesthesia, and adverse reaction to anesthesia based on other medication.
- Hospital Negligence – Hopistal negligence includes prescription errors, over medication, injuries from falls, failure to perform or properly interpret diagnostic tests especially in the emergency room.
- Birth Injuries – There are two types of birth injuries; ones that stem from errors during the birthing process leading to diseases such as Cerebral Palsy and Erb’s Palsy and others that stem from errors during the prenatal care during the pregnancy such as passed infection from mother to fetus.
- Surgical Errors – Surgical mistakes include equipment left inside the patient, nerve damage from a physical error by the doctor, anesthesia errors, an operation performed on the wrong patient due to a clerical error, or the wrong body part/organ is removed from the patient.
- Misdiagnosis/Failure To Diagnose – This includes a failure to provide all available tests to confirm diagnosis, improper conducting of tests, failure to recognize the urgency of symptoms, receiving improper medical treatments and wrong prescriptions.
Contact A Medical Malpractice Attorney
If you feel that your healthcare professional breached the standard duty of care or a loved one of yours has passed away due to the error of a medical professional, then time is of the essence as the statute of limitations for Virginia is only two years from the date of injury. Let us perform a free case evaluation to let you know what legal rights you have and what damages you are entitled to. Damages include current medical bills, future medical bills for ongoing treatment of your injury and something that is called lost earning capacity. Lost earning capacity is the amount of money (and employment benefits) that you lost and will lose because of your injury. You might also be entitled to non-economic damages commonly referred to as pain and suffering.
Contact our medical malpractice attorneys to schedule an appointment to see what the best way is to proceed with your case so we can get you the compensation and maxium amount of damages.