Leesburg Medical Malpractice Attorney
Medical malpractice is a general term used to describe a mistake or series of mistakes made by a medical professional or doctor while treating a patient. In order for such a mistake to meet the legal definition of medical malpractice, the patient has to suffer wrongful death or injury as a direct and proximate result of the breach of the standard of care by the medical professional. To fully understand whether the loss of your loved one fits this legal requirement, you will have to speak to a Leesburg medical malpractice lawyer. Here is information on other types of personal injury claims in Leesburg.
Experienced Leesburg Medical Malpractice Lawyers
Medical malpractice happens as a result of professional negligence. When a caretaker, a member of the medical staff, or a doctor fails to follow the medically accepted standard of care during the care and oversight of a patient, then negligence may have occurred. For example, a doctor might prescribe a type of medication to a patient that gives the patient an allergic reaction. This might happen because the doctor did not review the patient’s medical file with proper due diligence and attention to detail. However, professional negligence is not in itself sufficient for a medical malpractice suit.
The best way to determine if you have a viable medical malpractice case is to consult with an experienced medical malpractice lawyer from Leesburg, Virginia. A well-trained and persistent attorney from our firm can fight for proper compensation if you or a loved one has suffered injury or death as result of any of the following examples:
- Emergency Room Mistakes
- Diagnostic Errors
- Medication Mistakes
- Surgical Errors
- Birth Injury
Limits on Filing Medical Malpractice Claims
There is a statute of limitations, as well as cap limits and other legal stipulations, in place for various medical malpractice cases. These time limitations are designed to protect doctors who might be sued by patients many years after the incident and even after the injury has passed. If it has been too long since the injury was sustained, it will be harder for the patient to prove that the doctor or medical professionals’ actions had anything to do with the injury or the death. To determine whether to pursue your medical malpractice case, it’s advisable that you seek the counsel of a Leesburg medical malpractice lawyer.
Leesburg, Virginia Medical Malpractice Statute of Limitations
The majority of medical malpractice actions have to be taken within two years of the day the medical professional’s harmful act caused injury to the patient. If the medical malpractice case includes any foreign objects that have been left inside the patient’s body, medical malpractice actions may be extended, or tolled, to within one year from the day the object was found or should have been found in the body. In addition, there are other statute of limitations exceptions for foreign objects left in the body for an extended period of time as well as special considerations for injuries suffered by minors.
There is also a misconduct exception to the statute of limitations. If fraud, concealment, or intentional misrepresentation is used to prevent the injured party from discovering the injury, then the injured party has one year from when the injury was discovered or should have, by due diligence, been discovered.
In cases of failure to diagnose cancer or a malignant tumor, the patient may have one year from the date when the patient was told by a healthcare provider about the diagnosis of cancer or a tumor.
There are other exceptions, as well, but the statute of limitations may not be extended more than eight years (to a total of ten years).
Leesburg, Virginia Damages Limits and the Collateral Source Rule
The Commonwealth places limits on the amount of damages that a patient or a patient’s family can obtain after taking legal action against a medical professional. Cap limits in Virginia are increased by $50,000 every year. For claims arising out of acts or omissions between July 1, 2012 and June 30, 2013, the cap limits damages to $2.05 million. But a cap limit for an injury sustained a couple years prior will be smaller.
The collateral source rule is enforced in the Commonwealth. This rule means that the defendant cannot reduce his or her liability by providing evidence that the plaintiff obtained compensation for any injuries from other different sources. For example, a medical professional will not be able to reduce liability by proving the patient obtained compensation from his or her insurance company. For more information on these complex rules, contact a Leesburg medical malpractice lawyer.
Medical Malpractice Cases in Leesburg, Virginia
Any expert witnesses that might be asked to provide insight on a medical malpractice case in Leesburg, Virginia will have to be licensed. In addition, expert witnesses must have an active clinical practice that is related to the defendant’s field. Hospitals in the Leesburg, Virginia area that might employ expert witnesses include the Loudoun Hospital Center, the Inova Emergency Care Center, the Inova Loudoun Hospital Center, Graydon Manor and Catoctin Family Practice. Identifying and designating experts is a crucial skill in medical malpractice actions.
Any Leesburg medical malpractice cases will likely take place at the Loudoun Circuit Court. This is a trial court that holds general jurisdiction in Leesburg, Virginia. The Loudoun Circuit Court has the full authority to try a wide range of different criminal cases and even civil cases. A jury may be provided for trials featuring various types of disputes in the Circuit Court. The Loudoun Circuit Court is located in Leesburg, Virginia at the intersection of Market Street and King Street.
The Commonwealth does not pose any certain limits on medical malpractice attorney fees. However, either party can request the courts to review medical malpractice claims during a pretrial panel. Although the results of this review will be admissible as evidence, they are not counted as conclusive.
The Advantages of a Leesburg Medical Malpractice Lawyer
A local Leesburg medical malpractice attorney will be knowledgeable of local rules, legal limitations, compensation caps, and other details that may affect the expected outcome of your case. A Leesburg medical malpractice attorney will also be most familiar with the area hospitals, doctors, insurance companies, lawyers, and judges—details that are valuable when pursuing a medical malpractice claim in Leesburg, Virginia.
If you or one of your loved ones has been injured or killed as the result of malpractice by a medical professional, you may be entitled to compensatory damages. To ensure you get the best possible legal advice and give yourself the best chance of earning financial compensation, make sure you move your medical malpractice claim forward with the help of a dedicated Leesburg medical malpractice lawyer from our law firm.
