Emporia Medical Malpractice Lawyer
Sustaining injuries due to a healthcare provider’s negligence often leaves individuals confused and devastated. No one seeks healthcare from a professional and expects to leave in worse shape than when they came in. In medical malpractice claims, it can be beneficial to obtain the guidance of a dedicated personal injury attorney.
You have every right to expect compensation when you experience damages because of a healthcare provider’s negligence. Call an experienced Emporia medical malpractice lawyer today to learn more.
Examples of Medical Malpractice
Experiencing accidental injuries while receiving medical treatment or undergoing a procedure does not automatically become medical malpractice. A case must definitively show that a physician failed to provide the accepted quality of care, breaching their duty as a healthcare professional. Some examples of medical malpractice may include:
- Anesthesia or prescription errors
- Unnecessary or harmful treatments
- Failure to diagnose or misdiagnosis
- Failure to provide prompt or adequate medical care
- Errors from oversight during surgery or medical procedures
- Childbirth injuries lead to brain damage and lifelong disabilities
An Emporia medical malpractice attorney could review the details of a case to assess whether there is cause for legal action and determine the best way forward.
Establishing Negligence in Medical Malpractice Claims
For an injured plaintiff to prove a medical professional’s negligence, Virginia medical malpractice laws require expert witnesses to complete an affidavit. Expert witnesses in these cases are healthcare professionals who work in the same field of medicine as the named defendant.
The expert witness must establish that they found the defendant negligently breached the industry’s standard of care and that the breach was the proximate cause of the plaintiff’s damages. When a claimant petitions the court to commence legal action over medical malpractice, they must certify they have completed the expert witness requirement to prove the case’s merit.
The Standard of Care in Medical Malpractice Cases
The medical provider’s standard of care refers to their duty to provide an appropriate degree of caution and care to their patients. When a physician makes errors that others in the same specialized practice would not make under the same circumstances, they breach this duty. In such contexts, an Emporia medical malpractice attorney could help in gathering supporting evidence, including an affidavit from an expert.
Time Limit to File a Medical Malpractice Lawsuit
The statute of limitations for medical malpractice claims sets the maximum time injured people have to seek action against a healthcare provider for negligence. According to the Code of Virginia Section 8.01-243, the claimant must file an action within two years of the day they sustained injuries.
Some exceptional cases may extend this statute-imposed deadline. For example, when harm results from a provider leaving a foreign object in someone’s body during surgery or misdiagnosing cancer, the plaintiff has one year from the day they reasonably discovered the damage to file a lawsuit. However, according to the statute of repose, the court will dismiss any negligence claim against a medical provider filed more than ten years after the date of the error. A medical malpractice attorney in Emporia could handle the legal work and ensure that you are in compliance with all statutory rules and regulations.
Schedule a Meeting With an Experienced Medical Malpractice Attorney in Emporia
When you sustain avoidable injuries at the hands of a doctor or other healthcare professional, you have the right to take legal action.
Medical malpractice cases are complex and require more steps than most other cases. A seasoned Emporia medical malpractice lawyer could help you through the civil court process and fight for the just settlement amount you deserve. Call today to schedule a free case evaluation to get the help you deserve.
