Virginia Cervical Cancer Medical Malpractice Lawyer

In 2015, the Centers for Disease Control documented nearly 13,000 new cases of cervical cancer, leading to over 4,000 deaths. Some of these deaths did not have to happen but did due to a late or misdiagnosis. A seasoned Virginia cervical cancer medical malpractice lawyer may be available to help those who are victims or family members of a victim of such an act.

As with most cancer diagnoses, the sooner a cervical cancer is detected and treated, the better the outcome is. When doctors fail to diagnosis or wrongly diagnose cancer, valuable treatment time is wasted which could lead to premature death or additional suffering. In some cases, victims and their families could receive monetary compensation for their expenses and pain and suffering. For help with recovering damages, contact a compassionate medical malpractice attorney.

Cervical Cancer Malpractice Filing Deadlines

For victims who are interested in filing a lawsuit under malpractice laws, the sooner they can connect with a cervical cancer medical malpractice lawyer in Virginia, the better. Virginia Code §8.01-243 provides only two years to file a medical malpractice claim.

Prior to filing such a lawsuit, lawyers need time to research the circumstances and follow other filing requirements. If a lawsuit is not filed within the given deadline, the plaintiff will forgo their right to legal remedies.

Mandated Review Panels for Malpractice Cases

The Virginia Medical Malpractice Act allows all medical malpractice cases to be reviewed by a panel consisting of two doctors, two lawyers, and a judge. The job of the panel is to ascertain if there is merit to the claim. They will review the evidence in the case and provide the parties with their opinion as to if the healthcare provider acted negligently, which in turn, caused injury to the patient.

Neither party is bound to the opinion of the medical review panel; however, if a lawsuit is filed, the opinion can be used as evidence and the panel members as witnesses.

Medical Expert Witnesses

Along with several other states, Virginia requires that plaintiffs use a medical expert witness. Their testimony can establish for the court the standard of care and how the defendant deviated from the standard of care which lead to the injury and damages of the plaintiff. By law, the witness must:

  • Demonstrate their knowledge of the specialty area of medicine pertaining to the case
  • Have an active clinical practice in the same or similar specialty as the defendant within the previous year

Liability in Cervical Cancer Cases

Some medical malpractice cases call into question whether the plaintiff may have played a role in their damages. Examples of this may include a patient who waited too long to discuss their symptoms with their doctor or a non-compliant patient.

Since Virginia is a pure contributory negligence state, plaintiffs who are found to be liable for their injuries may be barred from any recovery. Speaking to an experienced cervical cancer medical malpractice lawyer in Virginia could help plaintiffs determine if they may be deemed at fault by a jury.

Contact a Virginia Cervical Cancer Medical Malpractice Attorney Today

Learning that your doctor acted negligently in the treatment or diagnosis of cervical cancer can be devastating, no matter your prognosis. While no sum of money will turn back the clock, you may be entitled to compensation for your damages.

A dedicated Virginia cervical cancer medical malpractice lawyer could provide you with a case evaluation and the legal advice you need to make the right decision in your situation. Call today to learn more about your options.