Virginia Medical Malpractice Lawyer

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Medical malpractice is defined an act of negligence by a health care professional. This includes all medication, surgery and even follow-up care. Whether the negligent act, or lack of act, was committed by a doctor, nurse, dentist, pharmacist or other health care professional, you may have a medical malpractice case, but you must prove certain factors.

You must prove that the medical professional and the patient had an established relationship in place, that the medical professional owed to the patient a particular duty, that the medical professional breached that duty, and that this breach of duty lead directly to the injury or death for which the patient is seeking compensation.

Medical malpractice laws were put into place to protect patients' rights to seek compensation if they are injured as a result of negligence. Although patients have the rights to seek compensation for any injury that they feel is a result of negligence, medical malpractice cases are often complex and costly to win, and it would not benefit them to seek damages for a minor injury or one that will resolve quickly.

Virginia medical malpractice attorneys help patients who have suffered injuries, or the families of patients who have died, because of medical care that fell below the accepted standards of practice. A medical malpractice claim is used to determine negligence on the part of a medical provider, be it a doctor, nurse, dentist, hospital or other medical care facility or professional, when the patient is injured due to sub-standard care.

Many experienced and qualified attorneys offer a free initial consultation to discuss your case. If it is determined that your case can be substantiated, you will enter into a contingency fee agreement. Contingency fee agreements provide for your attorney to be paid out of any final settlement in your case. The State of Virginia does not have any statutory limits on attorney's fees; therefore, please enter into this agreement with knowledge of what will be paid out of your settlement and what types of costs may also be necessary.

Expert witnesses are most often required to establish what the standard of proper medical care was for your situation (standard of care), and how this standard was not met. Experts are also used to explain what caused the injury to the patient. Expert witnesses are often doctors, scientists or other health care professionals. The expense for these witnesses is often paid out of any final settlement in your case, but this needs to be discussed with your attorney.

The State of Virginia has many qualified medical malpractice attorneys who can help you seek damages for non-economic and economic losses. Virginia has instituted damage caps for your losses. Your attorney can discuss this with you at your initial consultation. Non-economic losses are for pain and suffering, while economic losses are the medical expenses and loss of earnings or earning capacity.

Because of the complexity of malpractice cases, you will likely have a relationship with your malpractice attorney for several years. Many offices have nurse legal consultants on staff, as well as paralegals that will also be involved in the preparation of your case. While cases may take years to pursue, you can expect different periods of high and low activity in your case.

Virginia has a statue of limitations that applies to medical malpractice cases. If you suspect you have a malpractice claim, it is best to contact an attorney right away to determine when the statue of limitations expires in your situation. After this date, regardless of your injuries, you are precluded from filing a claim in court.


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