Medical errors create a significant public health concern that considerably threatens patient safety. However, medical malpractice continues to occur at alarming rates. Despite the creation of clinical practice guidelines, risk management programs, and continuing education requirements, medical errors remain a serious public health concern and a leading cause of death in the U.S.
Medical malpractice claims require knowledge of the law and medical standards. The award-winning Chesapeake medical malpractice lawyer at the Law Firm of Carlton F. Bennett has extensive experience representing Virginia medical malpractice victims. The experienced personal injury attorneys at our firm have recovered millions of dollars for clients who have suffered injuries and damages because of a healthcare provider’s negligence.
Medical malpractice occurs when a hospital, physician, or other healthcare professional, through a negligent act or omission, causes an injury to a patient. The negligence may stem from diagnoses, treatment, aftercare, or health management errors. Medical malpractice victims can claim damages against the liable party in these situations. Those who have experienced injuries or lost a loved one because of a healthcare provider’s negligence and medical malpractice should consult a Chesapeake attorney to learn about their rights and remedies.
As a Chesapeake attorney could explain, medical malpractice liability laws in Virginia have two primary objectives:
Virgnia’s medical malpractice laws allow injured patients to pursue claims against negligent healthcare providers. However, Virginia’s medical malpractice laws contain several strict provisions with which an injured patient must comply. For example, medical malpractice victims must follow strict notice, procedural, and evidentiary requirements.
In Virginia, medical malpractice claimants must generally establish the elements of negligence for a successful case. The elements of negligence that an injured person must prove are as follows:
Malpractice victims must substantiate each element of their claim according to Virginia’s medical malpractice laws, and a Chesapeake lawyer could help with this process. Proving each of these elements can be complex. For example, you may need another healthcare provider’s expert witness testimony to establish the requisite healthcare standard of care.
There are generally three degrees of negligence in medical malpractice claims. They include:
Establishing the degree of negligence is crucial because some providers might have immunity from certain acts of simple negligence. This means they may avoid liability in court for certain simple mistakes.
There are many strict requirements for a medical malpractice claim. Before a medical malpractice victim can file their lawsuit with the help of their Chesapeake lawyer, they must send the health care provider a notice of claim.
After the victim files the lawsuit, either party may request a medical malpractice review panel to submit an opinion on the claim. The lawsuit cannot proceed until the panel reviews the case and issues its opinion. The purpose of the review panel is to weed out frivolous lawsuits and encourage settlements.
Moreover, in Virginia, some medical malpractice claims require expert certification. While expert certification is not necessary in every case, experts play a significant role in the outcome of a medical malpractice lawsuit.
Under Virginia’s medical malpractice law, a healthcare provider refers to a person, corporation, facility, or institution licensed by the Commonwealth to provide healthcare services. This includes individuals such as:
These entities can only be responsible if the patient proves they had a doctor-patient relationship with the provider. A Chesapeake medical malpractice attorney can work with patients to establish liability in a medical malpractice case.
A Chesapeake attorney understands that medical malpractice can take many forms. However, most errors involve errors of omission or commission that occur from a wrong action. Specifically, medical negligence claims that may lead to a lawsuit include the following:
The patient must show a similarly situated healthcare provider would not have engaged in the negligent act or omission.
In Virginia, medical malpractice claimants can pursue compensation for compensatory damages, including economic and non-economic losses with the help of a Chesapeake lawyer. Compensation can cover the costs for:
Further, in very limited circumstances, punitive damages may be available. Punitive damages punish bad behavior, and accordingly, a victim must prove that the healthcare provider acted particularly egregiously for a punitive damages claim.
Most physicians carry malpractice insurance covering their defense costs and at least some compensation for the injured person. However, coverage varies across specialty and geographic areas. Thus, claimants must work with the lawyer to ensure that they secure appropriate compensation for their injuries.
Healthcare providers have many possible defenses to medical malpractice claims. Healthcare providers may assert the following defenses:
Many physicians are insured against the economic impact of medical malpractice lawsuits. However, uninsured and non-financial costs, such as time loss, stress, and reputational damage, can prompt many healthcare providers to vehemently defend against medical malpractice claims. As such, medical malpractice claimants should work with a Chesapeake attorney to anticipate and refute these and other possible defenses.
If you were injured by a medical procedure, surgery, or other course of treatment, your injuries may result from medical malpractice. If so, you may be entitled to financial compensation. At the Law Firm of Carlton F. Bennett, P.L.L.C., our Chesapeake medical malpractice lawyers have represented patients in cases for over 47 years.
Over this time, we’ve learned how to cater our representation according to the needs of each client while maximizing their recovery amounts. To learn more, and to schedule a free consultation today, call our firm. You can also connect with us through our online contact form.
