Liability in Prince William County Medical Malpractice Claims
When you are injured because a healthcare professional is negligent in your treatment, you have the legal right to hold them accountable for your additional lost wages, medical bills, and your physical and emotional damages. Although medical malpractice is based on the theory of negligence, just like other personal injury claims, Virginia has implemented laws and restrictions when proving fault in medical malpractice cases.
The Virginia Code and Medical Malpractice Act define what malpractice is and who counts as parties in an action. While it is a helpful roadmap, if you intend to prove a healthcare provider is responsible for your condition, you should enlist the help of an experienced attorney who thoroughly understands liability in Virginia medical malpractice claims.
Defining Cases Governed by the Virginia Code
Under Virginia Code § 8.01-581.1, malpractice is defined as a tort (wrongful act with civil penalties) or breach of contract involving personal injuries or wrongful deaths affiliated with professional healthcare services administered by, or that should have been administered by, healthcare professionals to patients.
Healthcare providers include a wide range of professionals and entities, including:
- Nurses
- Dentists
- Hospitals
- Physicians
- Pharmacies
- Pharmacists
- Psychologists
- Nursing homes
- Any employee or partner involved in an alleged medical malpractice
Medical Negligence Claims in Virginia
To assign liability for medical malpractice, a plaintiff’s attorney must demonstrate each element of negligence is satisfied. Generally, that includes duty, breach of duty, causation, and injuries. Va. Code § 8.01-581.20 defines a healthcare provider’s duty, or standard of care against which the alleged negligent acts are judged, as that which a reasonably prudent healthcare provider in the same field or specialty in Virginia would provide.
The law allows a rare exception if the locality where the alleged negligent act or omission has consistently adhered to a specific standard of care different from the state’s.
The medical provider’s acts or inactions must also cause the patient’s injuries. This means that the injuries would not have happened but for the provider’s failure to comply with the standard of care. An expert witness must establish the standard of care applicable to a claim for medical malpractice.
The Expert Witness
An expert witness establishes the standard of care and provides their opinion on whether the healthcare provider fell below it, and is therefore liable for medical malpractice in Prince William County.
Discuss Liability in Your Medical Malpractice Claim With a Prince William County Lawyer
Although a personal injury claim is similar to a medical malpractice claim, the medical claim requires the plaintiff to establish a standard of care the medical provider should have adhered to but did not. This is done through an expert witness.
Our well-practiced attorneys at Price Benowitz understand the difficulties in bringing medical malpractice cases to court. We have access to expert witnesses necessary for a successful claim. We are seasoned legal professionals who know what it takes to establish liability in Prince William County medical malpractice claims. Call today for help with your case.
