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What Counts as Medical Malpractice in Virginia? Real Examples That Could Qualify

You expect medical care to make you better, not worse. But sometimes, treatment leaves you with new injuries, unanswered questions, or a sense that providers acted negligently. It’s hard to know if what happened was an unavoidable complication or if it crossed the line into negligence.

Below, we explain what is considered medical malpractice in Virginia, give you real-world examples of situations that could qualify, and talk about steps you can take if you believe malpractice played a role in your care.

What Constitutes Medical Malpractice?

Medical malpractice isn’t about a treatment or procedure that didn’t work. Instead, the law asks whether a provider fell below the accepted standard of care, meaning the level of skill and attention another reasonably trained professional would have used in the same situation.

For a case to qualify, there must be proof that this failure directly caused harm and left the patient with measurable losses, such as injury, added medical bills, or lost income.

That’s the legal definition of medical malpractice in simple terms. But it may make more sense when you look at real-world examples that could meet this standard.

What Are Some Medical Malpractice Examples?

Looking at real situations helps show how medical care can cross the line into malpractice. Here are several examples, drawn from common problems patients may encounter in hospitals, clinics, or doctors’ offices.

Misdiagnosis or Delayed Diagnosis

A woman went to her doctor complaining of a persistent cough and fatigue. Instead of ordering a chest X-ray, the physician diagnosed her with a common cold and sent her home. 

Months later, her condition worsened, and a second doctor found advanced lung cancer that an earlier test could have caught. The delay in testing allowed the disease to progress, leaving her with fewer treatment options and a much worse prognosis.

Surgical Errors

Before knee surgery, the staff marked a man’s chart for the wrong leg. The surgical team failed to confirm the site with him before the operation, and the surgeon operated on his healthy knee. He woke up to find his original problem still untreated and a second knee now injured. 

Wrong-site surgery is considered a “never event,” meaning it should never happen when safeguards are in place.

Anesthesia Errors

An anesthesiologist failed to keep close watch on a patient’s vital signs during an operation. Too much anesthesia was administered, which deprived the patient’s brain of oxygen. When the surgery ended, the patient had suffered permanent brain damage. Proper monitoring could have prevented this tragedy, and the lapse may qualify as malpractice.

Medication Errors

A doctor prescribes thyroid medication but accidentally writes the dosage at ten times the intended strength. The pharmacist fills the prescription as written, and the patient takes it as directed. Within days, the patient develops alarming side effects, including heart palpitations and extreme fatigue, leading to hospitalization. Both the prescribing doctor and the pharmacy could be responsible for the error.

Birth Injuries

During a long and difficult labor, a doctor ignored signs that the baby was not getting enough oxygen. Instead of moving quickly to perform a C-section, the physician waited too long. By the time surgery was done, the child had suffered permanent brain damage from oxygen deprivation. Families in situations like this often question whether the delay in responding qualifies as malpractice.

Failure to Treat

After being admitted to the hospital with a bacterial infection, a man continued to show symptoms, but the doctor sent him home. He was told to rest, yet within days his condition collapsed into a medical crisis that required intensive treatment. 

If staff had kept him under observation, they could have treated the infection before it advanced. Discharging him prematurely may be considered negligence.

Communication Failures

Following knee surgery, a woman was transferred to another hospital department. Instructions about how long her brace should stay on were left out of her records, and the new team never removed it. Weeks passed before anyone noticed, and the brace caused additional damage.

Poor communication between medical staff turned what should have been a temporary measure into an avoidable injury.

What Should You Do If You Suspect Medical Malpractice?

If you suspect you were the victim of medical malpractice, a few steps can help protect your health and rights.

• Get another medical opinion. A second doctor can confirm errors in care and explain what providers should have done differently.
• Write down what happened. Note your symptoms, appointments, and what the medical staff told you. Even a small detail could help connect gaps in your care.
• Keep your records. Hold onto every medical record, prescription, bill, and discharge paper. These documents track the care you received and can expose errors like medication mix-ups or premature discharges.
• Be careful with communication. Do not confront the provider or share your suspicions online. The defense could later use anything you say or post on social media to argue against your claim.
• Contact a Virginia Beach medical malpractice lawyer. Holding providers accountable means pressing for answers and showing where care fell short. That’s the work an experienced attorney does.

Virginia law limits the time you have to file a claim. Under most circumstances, you must bring a medical malpractice case within two years of the injury or its discovery. Waiting too long can mean losing the opportunity to take legal action. 

Your Care Fell Short. We’ll Make Sure Your Voice Is Heard.

Medical malpractice cases create a double challenge for families: the injury and the frustrating lack of clear explanations. Hospitals and providers rarely give patients the full picture, leaving them to sort through recovery, bills, and uncertainty on their own.

The Law Firm of Carlton F. Bennett, P.L.L.C., has 50 years of experience representing Virginians affected by medical malpractice. Our attorneys handle cases involving misdiagnosis, surgical mistakes, birth injuries, and other medical failures.

Call or contact us online today to speak with an experienced Virginia Beach medical malpractice lawyer.