Medical errors that cause injury and illness could be devastating to a patient. People seek medical treatment to improve their health, but a harmful medical error could create all kinds of physical, mental, and legal anguish.
If you suffered through a medical malpractice incident, you might benefit from the guidance and experience of a Hanover County medical malpractice lawyer. A local personal injury attorney can help support you on your mission to seek legal recovery and guide you every step of the way.
The “standard of care” is a legal term used to describe the actions that a particular person owes to others under a certain set of circumstances. Professionals are given their own heightened standards of care that they must meet when conducting their duties. Enforcing a heightened standard of care on professionals, such as medical providers, lawyers, or dentists, helps hold them to a higher standard of liability in order to better protect their clients.
If a plaintiff wants to bring a malpractice case against a medical professional, a Hanover County lawyer would have to prove that the professional deviated from the medical standard of care. The standard requires health care professionals to perform their duties with the same level of care that a prudent professional with the same experience and training would under the circumstances in that community. A Hanover County malpractice attorney may be able to help determine if this standard of care was not met.
If a plaintiff decides to bring a lawsuit against a medical provider, they must file their cause of action within the statute of limitations for medical malpractice. Virginia has a two-year statute of limitations, with a number of exceptions, that begins on either the date the medical error occurred or the date that the plaintiff discovered their injury related to the error.
A medical malpractice lawyer in Hanover County could help plaintiffs identify the applicable deadline and seek both economic and non-economic damages. Plaintiffs have the right to recoup losses related to medical expenses, lost wages (past and future), pain and suffering, among others.
Unlike many states which place a cap on the amount of non-economic damages a plaintiff may receive, Virginia places a cap on the overall amount that a plaintiff can ask for, including economic and punitive damages. According to Virginia Code §8.01-581.15, the amount of compensation a victim may seek increases every year.
It might be frustrating and confusing when trying to decide what to do after experiencing a major medical error. You might be thinking of legal action, but pursuing a case on your own can be too daunting of a task.
A Hanover County medical malpractice lawyer can help. We may be able to provide the resources and guidance needed to craft the best possible case. Start your journey to legal recovery, and call today.