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Virginia Medical Malpractice Lawsuit

Medical Malpractice Lawsuit

medical malpractice law firm


Medical malpractice lawsuits typically take time to resolve and are more likely to go to trial. This is because healthcare providers have sophisticated and well-developed legal teams to help protect their interests. It takes an experienced lawyer to understand how to navigate these types of cases.

Here are a few helpful points to consider when filing a medical negligence claim.

Statute of Limitations

If you believe you were injured as a result of doctor or hospital negligence, there is a time limit during which you are able to seek damages.

Under Virginia law, the deadline to file a medical malpractice lawsuit is within two years from the date the injury occurred. This is known in the legal realm as the statute of limitations. There are certain exceptions to this, though they apply in special circumstances, such as when a patient could not reasonably detect an injury. 

When a medical malpractice case to go to trial, the plaintiff must provide proof in four areas. These are referred to by the National Center for Biotechnology Information as the “Four D’s of Medical Malpractice”:

  1. Duty – What the standard of care was at the time of the alleged malpractice
  2. Dereliction – That the medical professional deviated from this standard of care
  3. Direct Cause – How this error directly resulted in the patient’s injury
  4. Damages – What damages should be awarded

Challenges in Medical Malpractice Lawsuits

For one, medical malpractice cases are complex and often difficult to prove. Several precautions are already in place to help protect doctors from liability and proving that the doctor’s deliberate or unintentional error qualifies as negligence is required for a case to be considered.

Medical malpractice cases require expensive resources. This often includes experts, specialists, investigators and credible witnesses to testify that the standard of care was in fact, violated.

These are resources that your lawyer must be able to cover the cost of in order to dissect the doctor’s own testimony and/or documented care. Negligence is seldom immediately evident and the emphasis here is that it must be proven beyond doubt, both before a judge and a jury.

Medical malpractice cases require experience taking on large teams of defense lawyers. As with large corporations, medical providers are well-prepared when it comes to defending themselves.

It is essential that your lawyer not only knows what to expect, but that he or she has proven experience standing trial against large defense teams such as those used by hospitals and doctors in medical malpractice cases. There is no substitute for experience here, and your lawyer ought to have it.

Medical Malpractice Law Firm in Virginia

At The Smith Law Firm, we understand that this may be a trying time for you and your family. Now is the time to focus on your healing, and allow our experienced team to shoulder the task of protecting your best interests. Time is limited for filing a medical malpractice lawsuit, so we urge you to contact us today.

Location: Virginia, USA

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