Richmond Medical Malpractice Lawyer

Tens of thousands of people are injured each year as a result of their medical provider’s negligence. In fact, the National Practitioner Data Bank reported in 2006 that there are between 15,000 and 19,000 medical malpractice claims each year and that figure remains steady. If you have suffered an injury as the result of a health care provider’s negligence, you should consult with an experienced Richmond Medical Malpractice Lawyer as soon as possible. An injury lawyer in Richmond will be able to look at the facts of your case and determine the best way to proceed with a claim.

Reasons for Malpractice

Surgery errors and error in diagnosis are the two most common reasons patients file medical malpractice claims. Birth injuries to newborns are also a common cause of medical malpractice claims. A failure to follow safety procedures, a poorly maintained medical facility, or a failure to obtain informed consent from the patient are also situations that could lead to medical malpractice claims, if a patient suffered injury as a result.

Statute of Limitations

In most circumstances in Virginia, the time limit for filing a medical malpractice claim – called the statute of limitations – is two years from the date of the injury, under Virginia Code Ann.8.01-243(A).  This is significant, since one U.S. Department of Justice study found that injured parties typically wait 16.5 months, on average, before filing a medical malpractice claim. In other words, most people begin taking steps to seek compensation for their injuries with less than eight months left before the time limit has passed and they are barred from recovering damages.

For this reason, it is crucial that you consult an experienced Richmond medical malpractice lawyer as soon as you discover that you or a loved one has suffered an injury as the result of a medical provider’s negligence or wrongful conduct.

Proving Medical Malpractice in Virginia

In order to prove that your medical practitioner committed medical malpractice, you will need to establish that his or her actions fell below the accepted standard of care for a doctor in the same field facing similar circumstances.

If your case progresses to trial, the court will hear testimony from various medical experts who can convey the accepted standard of care and whether your doctor’s treatment or diagnosis was reasonable, or whether it fell below the standard. Your Virginia medical malpractice attorney will also put forth evidence about the type and extent of damages you have suffered.

In certain cases, expert testimony may not be necessary to establish negligence when the alleged malpractice is within the common knowledge and experience of a jury. For example, leaving a foreign object, such as a surgical sponge, inside a patient may permit an inference of negligence without expert testimony. The patient must still establish that the negligence proximately caused the claimed injury and damages.

Damages in a Virginia Medical Malpractice Case

If you prevail in your medical malpractice claim, you may be awarded damages to cover the cost of your medical bills, hospital stays, recovery and rehabilitation, both past and future loss of wages, and pain and suffering.Virginia limits the total amount recoverable in medical malpractice actions under Virginia Code § 8.01-581.15. The applicable limit depends on when the act or acts of malpractice occurred. For malpractice occurring from July 1, 2026 through June 30, 2027, the maximum total recovery is $2.75 million.

Punitive damages may also be available in appropriate cases involving sufficiently egregious conduct. Under Virginia Code § 8.01-38.1, punitive damages may not exceed $350,000. In a medical malpractice action, however, the total amount recoverable remains subject to the applicable limitation imposed by Virginia Code § 8.01-581.15.

Types of Medical Malpractice Cases

Medical malpractice occurs when a healthcare provider deviates from the standard of care, resulting in harm to the patient. Here are common types of medical malpractice cases:

Misdiagnosis

Misdiagnosis or delayed diagnosis can lead to incorrect or delayed treatment, worsening the patient’s condition. Conditions like cancer, infections, and heart attacks are frequently misdiagnosed, resulting in severe consequences.

Surgical Errors

Surgical errors include performing the wrong procedure, operating on the wrong site, or leaving surgical instruments inside the patient. These mistakes can lead to significant complications, infections, and even death.

Medication Mistakes

Medication errors occur when patients receive the wrong medication, incorrect dosage, or harmful drug interactions. These errors can result from prescribing mistakes, pharmacy errors, or miscommunications within healthcare teams.

Birth Injuries

Birth injuries occur during labor and delivery, often due to improper use of medical instruments, failure to monitor fetal distress, or delayed C-sections. These injuries can lead to long-term disabilities like cerebral palsy or Erb’s palsy.

A medical malpractice attorney in Richmond could help victims seek justice and compensation for their suffering.

Call a Richmond Medical Malpractice Lawyer

If you’ve put your health in the hands of a professional who is required to provide a certain standard of care, knowing that standard has been violated can make any physical pain or impairment seem worse. A Richmond medical malpractice lawyer with our firm can work with you to pursue damages for pain, subsequent medical bills, future suffering, and other damages.  Call today for your free consultation.