When we go to medical practitioners, we expect healing and quality care. But what happens when a visit to the doctor’s office results in worse health, injury, or even death? Unfortunately, this occurs more commonly than we think.
Wronged parties file roughly twenty thousand medical malpractice cases annually in the US. We can best define medical malpractice as where a patient is hurt when a doctor deviates from the standard of care.
In Virginia, these cases fall under personal injury law. This categorization allows citizens to sue healthcare providers for compensatory or punitive damages due to medical malpractice.
Click here if you need help learning how to find a lawyer for medical malpractice.
What Is Medical Malpractice?
According to Virginia law, medical malpractice means “any tort action or breach of contract action for personal injuries or wrongful death, based on healthcare or professional services rendered, or which should have been rendered, by a healthcare provider, to a patient.”
Medical malpractice occurs when a healthcare provider causes injury, whether mental or physical, and damages, including financial impairment, to a patient by neglecting, omitting, or deviating from the appropriate standard of care, including wrongful diagnosis, improper treatment, or failure to disclose known risks, whether unintentional or intentional.
In Virginia, parties can bring medical malpractice claims against any healthcare provider. A healthcare provider can be anything from individual practitioners such as nurses, doctors, dental hygienists, and emergency medical technicians (EMTs) to facilities and corporations like hospitals and their employees—even those who don’t provide the healthcare themselves.
Statute Of Limitations On Medical Malpractices In Virginia
What is the statute of limitation for medical malpractice? Let’s define the term. A statute of limitations is the timeframe for filing a claim. There can be no legal recovery if it’s not filed within this period.
In Virginia, the statute of limitations for medical malpractice is two years from the date of injury, but 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 case involves a child under eight years old, you can file until their tenth birthday.
If the case is against a health provider employed by the Commonwealth of Virginia, you must provide notice to the Commonwealth within one year of the malpractice.
You may be able to extend the statute of limitations. If a patient is continuously getting treatment, they can file the lawsuit within two years of the date of last treatment. If the medical malpractice case involves a retained foreign object in the body, the plaintiff has a year from this discovery date to make a claim.
It’s best to learn how to find a lawyer for medical malpractice as soon as possible before your statute of limitations expires.
How To Sue For Medical Malpractice In Virginia
A medical malpractice case can take up to two years to settle. Here’s what to expect throughout the whole ordeal:
An Investigation
After you approach a medical malpractice attorney, an investigation will begin. It starts with reviewing the affected patient’s healthcare records, verifying if the records reflect the events as told by the client, and deciding whether the case is worth pursuing.
Expert Review
Once medical malpractice is suspected, an expert is employed to review the case to determine if negligence was present. This step is necessary for all medical malpractice cases in Virginia.
For example, if the competent reviewer looks at the case and would have followed another diagnosis or treatment, it further explains malpractice as the reason for adverse results. If the expert believes medical malpractice occurred, they certify it in writing.
Filing Suit
After certification, you can now file a medical malpractice lawsuit. The defendant will get served and will have a month to respond.
Written Discovery And Depositions
The written discovery and depositions take up the bulk of the lawsuit, where questions and answers are sent back and forth between the parties.
Settlement Or Trial
The case can finish in a settlement or go to trial depending on the resolution attempts. It would be best to prepare for either scenario.
Get Help From A Virginia Medical Malpractice Attorney
Suppose you believe you’ve been a victim of medical malpractice. In that case, you can file a lawsuit by hiring a Virginia medical malpractice attorney at the Coastal Virginia Law Firm who can guide you through the proper procedure and help you find the peace and justice you deserve.