Frederick County Medical Malpractice Lawyer
Every day, thousands of Virginians entrust their physical and mental health to doctors, nurses, technicians, and pharmacists, each with years of training and practical experience under their belt. While most of these medical professionals provide a reasonable and dependable level of care to their patients, those who do not can end up causing significant and possibly even life-threatening harm.
Filing suit against a healthcare provider for negligence works quite differently from other forms of personal injury litigation, so it often pays to have an experienced personal injury attorney by your side if you want to pursue this kind of claim. A knowledgeable Frederick County medical malpractice lawyer could explain your options in a confidential setting and, once retained, work tenaciously to pursue a positive case resolution for you.
Unique Rules for Medical Malpractice Claims
Rather than owing a “duty of care” to other people around them, medical professionals have an obligation to meet a “standard of care” for their profession, meaning they must act in accordance with their level of expertise and experience based on the circumstances they are presented with. This seemingly small difference can have a huge impact on a patient’s right to file suit, as it means a doctor who makes a mistake under a high-stress situation or based on their best reasoning may not bear civil liability for ensuing subpar treatment results.
In the same vein, plaintiffs seeking to establish a breach of the applicable standard of care generally must have testimony or an equivalent statement under oath from an “expert witness” affirming that they have valid grounds for a case. VA Code §8.01-581.20 defines an “expert witness” as someone with extensive knowledge of the defendant’s discipline of medicine as well as experience practicing within that discipline no longer than one year from the date of the allegedly negligent act.
It is also worth noting that VA Code §8.01-581.2 allows either party in a medical malpractice suit to request a non-binding review of the case by a panel comprised of two lawyers, two doctors, and a judge, all chosen by the state Supreme Court and impartial parties. A Frederick County medical negligence attorney could explain these and other specialized requirements in more detail during a private consultation.
Recovering Comprehensively for Damages
Compensable losses in a successful medical malpractice claim can extend far beyond covering additional medical expenses and attorneys’ fees. If a doctor or nurse’s negligence has a profound impact on a patient’s future prospects, they could possibly demand recovery for future losses like medical equipment needs and lost earning capacity, as well as non-economic losses of consortium, personal opportunities, and general enjoyment of life.
However, as per VA Code §8.01-581.15, a cap of $2.50 million applies to recovery for non-economic damages in all cases filed after June 30, 2021, with an increase to this cap of $50,000 occurring on a yearly basis on that date. A medical malpractice lawyer in Frederick County could provide crucial assistance maximizing available recovery in spite of this and other legal limitations.
Speak with a Frederick County Medical Malpractice Attorney Today
Negligence by healthcare providers can cause extensive and life-changing harm to patients by no fault of their own. Unfortunately, thanks to numerous unique regulations applicable to medical malpractice claims, recovering compensation for injuries sustained under these circumstances can be next to impossible without support from seasoned legal counsel.
A dedicated Frederick County medical malpractice lawyer could work on your behalf to recover the restitution you deserve for the harm you should not have suffered. Call today to schedule a meeting.
