Reston Medical Malpractice Lawyer
Everyone licensed to practice medicine in the state of Virginia is a highly trained professional who has gone through years of education and on-the-job training, so it is certainly reasonable to expect a high standard of care from them at all times. Unfortunately, not every healthcare professional fulfills their obligations when it comes to carefully and considerately caring for their patients, sometimes leading to substantial—and more importantly, preventable—harm.
Filing suit against a medical professional for negligence is far from a simple prospect, but a seasoned Reston medical malpractice lawyer could help you effectively pursue a positive outcome to your claim. With a skilled personal injury attorney’s guidance, you could have a much easier time navigating the complex rules and regulations for cases of this nature and demanding fair compensation for your avoidable losses.
Special Procedures for Malpractice Litigation
Rather than the “negligence” standard that most other personal injury plaintiffs build their cases around, medical malpractice victims must seek civil compensation by proving a breach of a “standard of care” by the healthcare professional(s) they name as defendant(s). Both legal concepts involve someone failing to act in a certain way and causing harm as a direct result, but the “standard of care” for a malpractice claims is based on what a professional with comparable expertise and experience would do in the situation in question, rather than what a “reasonable person” would do.
Because defining this “standard” requires significant medical knowledge by itself, Code of Virginia §8.01-581.20 requires prospective malpractice plaintiffs to solicit testimony from a qualified “expert witness”—as defined in the aforementioned statute—who affirmed that they have valid grounds for litigation. Additionally, VA Code §8.01-581.2 allows either side of such a claim to request a non-binding review of the circumstances by a malpractice review panel.
Finally, both parties may engage in building arbitration prior to litigation, although the injured patient has the right to withdraw from arbitration so long as they do so within 60 days of the last treatment they received from the defendant(s). An experienced Reston medical negligence attorney could explain these and other prerequisite conditions for financial recovery in more detail as needed.
Legal Limitations on Medical Negligence Claims
Virginia state law also establishes numerous restrictions on a malpractice victim’s right to pursue civil compensation even if they establish valid grounds for a claim. Perhaps most importantly, VA Code §8.01-581.15 sets a cap for the maximum amount of financial recovery a malpractice plaintiff can obtain for non-economic damages–$2,500,000 as of July 1, 2021, with an increase of $50,000 scheduled to occur each subsequent year through June 30, 2031.
Furthermore, VA Code §8.01-243 sets a two-year filing deadline on all forms of personal injury litigation, including medical negligence claims, which begins on the date the injury first occurred but is paused until the plaintiff stops receiving treatment from the defendant(s). A medical malpractice lawyer in Reston could provide crucial assistance in building a comprehensive claim in spite of these legal roadblocks.
Seek Help from a Reston Medical Malpractice Attorney
Needless to say, the numerous additional regulations applicable to medical malpractice claims make them uniquely complex forms of personal injury litigation. Without support from qualified legal counsel, your odds of securing a favorable case resolution may be very slim no matter how compelling the evidence in your favor may seem.
If you suspect negligence by a doctor, nurse, or other healthcare practitioner caused you to suffer avoidable harm, contacting a Reston medical malpractice lawyer should be your top priority. Call today for a consultation.
