All medical procedures carry the risk of unexpected consequences. However, significant harm to patients may also occur due to errors made by doctors, surgeons, or other medical professionals. A seasoned personal injury attorney can review a case and determine if a patient has a valid medical malpractice claim.
If you suffered damages following a surgery or other medical procedure, you may be entitled to recover compensation from the healthcare provider who caused you harm. With help from a Henrico County medical malpractice lawyer, you can pursue a lawsuit against the responsible medical professional or entity.
Medical malpractice claims can fall into different categories, and misconduct can occur as a result of negligence from a doctor, nursing staff, or medical facility. A Henrico County medical malpractice attorney can help identify the cause of a patient’s condition as well as the responsible party. Some of the most common forms of medical misconduct include:
Under Virginia Statute §8.01-243, a plaintiff must file a medical malpractice lawsuit before the statute of limitations expires. If a plaintiff does not meet this statutory deadline, the judge may dismiss the claim permanently.
If malpractice results in bodily injury, a plaintiff generally must file their lawsuit within two years of the date the medical misconduct, with some notable exceptions. For instance, when malpractice results in the death of a patient, the statute expires two years from the date of death, rather than the date of the plaintiff’s injury. An experienced Henrico County medical malpractice attorney could review a patient’s claim and work to ensure that they meet the statute of limitations for their case.
The Virginia Medical Malpractice Act allows either party to a medical malpractice action to submit their case for review to a panel selected by the Virginia Supreme Court before filing their suit. These panels may consist of two doctors, two attorneys, and one judge. This panel reviews the evidence and issues a non-binding written opinion regarding the plaintiff’s allegations and the damages the plaintiff has suffered.
While the outcome of the panel is non-binding, their decision can be used as evidence if the malpractice claim ultimately goes to trial. Either party can contact the doctors or attorneys who reviewed the evidence to testify about their conclusions to the jury.
Virginia Statute §8.01-581.15 sets a cap on the available damages in a medical malpractice claim. The cap is $2,400,000 as of July 1, 2019, but the limit increases each year. Unlike some states, this cap applies to all types of damages, including noneconomic damages such as pain and suffering.
Because of the strict nature of Virginia’s malpractice laws, it is crucial to move forward on your case with a well-versed legal professional. They can guide you through the legal process and work to get you the compensation you deserve. If you are ready to hold the negligent medical provider accountable for your losses, contact a Henrico County medical malpractice lawyer today.