Herndon Medical Malpractice Lawyer
Given how expensive healthcare can be in the United States, it is more than reasonable to expect that the care you receive from medical professionals in Herndon and throughout Virginia should be considered, compassionate, and high-quality. Unfortunately, not every healthcare practitioner provides the standard of care they reasonably owe to their patients, and that can sometimes have debilitating repercussions that last for months, years, or decades after the initial poor treatment.
Lawsuits alleging malpractice by a healthcare provider are more complicated than just about any other type of civil litigation, so seeking a qualified personal injury attorney’s assistance should be a priority for anyone thinking about pursuing a claim like this. Guidance from a Herndon medical malpractice lawyer could be key not just to establishing fault for your injuries and recovering fair financial restitution, but also to complying with the numerous unique rules applicable to these cases.
Special Requirements for Malpractice Plaintiffs
Because medical malpractice claims invariably involve complex medical concepts and definitions of “reasonable care” that may not be immediately understandable to judges and jury members, state law imposes a higher burden of proof on prospective malpractice plaintiffs than it does on other personal injury victims. Most notably, Virginia requires individuals who intend to file suit for malpractice to enlist the help of at least one medical expert when building and presenting their claim.
Specifically, medical expert witness testimony is necessary in most situations to explain what the applicable standard of care would normally be for a medical professional working under the circumstances in which the plaintiff allegedly suffered harm, and then demonstrate exactly how the defendant healthcare provider(s) failed to live up to that standard. To qualify as an “expert” in this regard, the witness must have actively practiced in the same area of medicine as the defendant(s) or a very similar one within one year preceding the initial filing date.
The Virginia Medical Malpractice Act also allows either side of a malpractice claim to request a non-binding review of the case by a panel consisting of a judge, two medical professionals, and two lawyers. As a Herndon medical negligence attorney could explain further, the conclusion this panel reaches may be entered as evidence in an ensuing court case but does not constitute a binding decision about the validity of the case.
Are There Caps on Medical Malpractice Recovery?
Another unique element of medical negligence cases in Herndon is the damage cap codified under Code of Virginia §8.01-581.15 that limits total financial recovery for plaintiffs. Unlike many other states, which impose caps on recovery for non-economic “pain and suffering” through medical malpractice litigation, Virginia’s cap applies to all forms of damages, including economic, non-economic, and even punitive damages if any are awarded.
The applicable cap is $2.50 million for cases filed between July 1, 2021 and June 30, 2022, and that amount increases by $50,000 each year on July 1. A medical malpractice lawyer in Herndon could provide more clarification about how this cap works and how it might impact a particular claim.
Discuss Legal Options with a Herndon Medical Malpractice Attorney
Negligence by a healthcare provider can cause uniquely devastating harm to people who trusted those providers with their physical and emotional wellbeing. If you got hurt under these circumstances, seeking fair civil recovery could be essential to preserving your financial security and your future prospects.
A dedicated Herndon medical malpractice lawyer could be the ally you need to proactively seek a positive case result. Learn more by calling today.
