We trust medical providers to take care of us, nurse us back to health, and keep us in our best state. But what happens when a provider breaks this trust and, instead, we’re caused injury or harm?
This scenario is medical malpractice, and, unfortunately, it’s not an uncommon situation. You’ll even encounter medical malpractice wrongful death settlements. In these cases, the negligence of a health provider causes a patient’s death.
Suppose you believe you’ve been a victim of medical malpractice. In that case, you can sue the at-fault health provider under personal injury law with the guidance of an attorney from the Coastal Virginia Law Firm.
What Is Medical Malpractice In Virginia?
Virginia law defines medical malpractice as “any tort action or breach of contract action for personal injuries or wrongful death, based on health care or professional services rendered, or which should have been rendered, by a healthcare provider, to a patient.”
In other words, medical malpractice occurs when a healthcare provider causes mental or physical harm to a patient by neglecting, omitting, or deviating from a standard of care, leading to certain damages, including financial ones.
Common Malpractice Claims
Medical malpractice occurs in several ways. But we can generally categorize them into four main types:
Misdiagnosis
Misdiagnosis doesn’t just refer to giving the wrong diagnosis or prescribing treatment to the wrong disease. It also encompasses when a doctor fails to discover an illness, causing complications down the road that a patient could usually avoid with a proper diagnosis.
Improper Treatment
Improper treatment occurs when the healthcare provider incompetently administers the prescribed treatment, leading to accidents, birth errors, or surgical mistakes.
Medication Errors
You can sue a healthcare provider if they prescribe the wrong medication, the wrong dosage of a particular medicine, or harmful drugs (e.g., those that bring side effects when mixed with other medications that the patient is allergic to).
Failure To Disclose Known Risks
Healthcare providers are obliged to obtain informed consent before any treatment. If they fail to do this, i.e., they don’t inform the patient about the risks of a specific treatment, it’s considered medical malpractice due to the assumption that if the patient knew about the dangers, they could’ve opted against agreeing to it.
Who Can I Sue For Medical Malpractice In Virginia?
You can sue any healthcare provider who has committed malpractice in Virginia, including individual practitioners such as doctors, nurses, dentists, chiropractors, emergency medical technicians (EMTs), facilities, hospitals, and medical corporations.
What Do I Need For A Medical Malpractice Lawsuit In Virginia?
What’s the first thing you need to do to file a medical malpractice claim in Virginia? It would be best to hire an attorney from a trusted law office like the Coastal Virginia Law Firm. The right lawyer will guide you through the process and help you obtain the necessary evidence and paperwork you need to pursue a lawsuit.
Burden Of Proof In Virginia Medical Malpractice Cases
To prove medical malpractice, you must establish that:
- A healthcare provider-patient relationship existed
- The healthcare provider’s care was negligent
- The substandard care directly caused injury to the patient
- The patient’s injury led to damages
The Statute Of Limitations On Medical Malpractice In Virginia
In Virginia, the statute of limitations for medical malpractice is two years from the date of injury. However, there are some exceptions.
In a case of wrongful death, you must file the lawsuit within two years of the patient’s death. If the claim involves a child below eight, you can file the case until their tenth birthday. If the lawsuit is against a health provider of the Commonwealth of Virginia, you must provide notice to the Commonwealth within one year of the malpractice.
You may get an extension to the statute of limitations in certain circumstances. A patient under continuous treatment can file a lawsuit within two years of the last treatment. Similarly, if a patient discovers a retained foreign object in the body, they can file a claim for a year after finding out about the problem.
Get Help From A Medical Malpractice Attorney
Once you suspect you’ve been a victim of medical malpractice, you should immediately get help from a competent attorney to determine if you have a strong case. If you can prove medical malpractice, your lawyer will help you navigate through the procedures and help you recover damages, and hold the at-fault parties accountable.