No one goes to the doctor expecting to be misdiagnosed, neglected, or treated poorly for their condition. Healthcare providers are humans and capable of making mistakes, but they receive extensive education and training to provide top-notch patient care. You may be eligible for a settlement if you or someone you love didn’t get adequate care.
Medical negligence is a serious and life-altering event that can lead to severe physical pain, lifelong challenges, or even fatalities. Although money cannot undo the damage caused by a negligent healthcare provider, a medical malpractice lawyer can manage your Charlottesville case while you focus on recovery.
The Pendleton Law Team are “Heavy Hitters®” against the insurance companies regarding compensation. We aim high and fight hard for victims like you, who deserve stability after such a tragic experience. Learn about the legal deadlines for filing your claim, how much you may qualify for, and other pertinent information before consulting with us in a free case evaluation.
What Does Medical Malpractice Refer to in Personal Injury Cases?
Healthcare providers are doctors, nurses, anesthesiologists, hospital administrators, etc., responsible for patient care. If the proper amount of care is not given to someone once they have been admitted, and it causes harm or death, this is referred to as “medical malpractice” and is a form of personal injury.
The foundation of medical malpractice claims is that healthcare professionals have a duty to give their patients a specified degree of care and that if they fall short of that standard, they may be held accountable for any harm.
Misdiagnosis, surgical mistakes, drug mistakes, and delayed diagnosis of a condition are a few examples of medical malpractice. The victim, also known as the plaintiff, must show that the healthcare provider violated their duty of care, which resulted in the injury or harm, in order to establish medical malpractice.
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The Unfortunate Commonality of Medical Negligence in the United States
Since there is no centralized reporting system to keep track of medical malpractice claims, it is difficult to estimate the precise number of medical negligence cases in the United States each year. However, according to some estimations, medical malpractice cases are very typical.
According to the National Practitioner Data Bank, a database that analyzes medical malpractice claims, about 12,000 medical malpractice payouts on behalf of healthcare providers were issued in the United States in 2020. Compared to the prior year, there were almost 14,000 payments, so while this is a drop, such cases are still common.
It is worth consulting with a medical malpractice lawyer who helps Charlottesville, VA, victims in their quest to recover financial support. Having an experienced attorney contributes to many personal injury cases being settled before going to trial. Once you meet with us, we can assess your claim and determine the best approach to obtaining a fair settlement.
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Do Insurers Use an Algorithm to Calculate the Value of Your Medical Malpractice Claim?
Yes and no. There is not one sole factor that calculates the value of your medical negligence claim. Instead, various elements make up the estimated value of your case.
The value of a medical malpractice claim is often determined by totaling the victim’s financial and non-financial losses. For example, non-economic losses might include pain and suffering, mental anguish, and loss of quality of life. In contrast, economic damages can include medical costs, lost wages, and other out-of-pocket costs.
A medical malpractice case’s worth is ultimately evaluated on a case-by-case basis and is frequently the topic of negotiation between the plaintiff and defendant, or their respective counsel.
Determining the worth of a medical malpractice lawsuit is a challenging procedure that necessitates the knowledge of an accomplished personal injury lawyer. It’s crucial to speak with an experienced attorney if you suspect you are a victim of medical negligence, so they can explain your legal options and assist you quickly.
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Things to Consider When Filing a Medical Malpractice Claim in Virginia
The amount of a medical negligence claim is normally determined by the hospital’s insurance provider based on a number of variables, including the seriousness of the patient’s suffering or injury, the expense of medical care, and any damages sustained as a result of the negligence.
The insurance provider will look into the claim and evaluate the supporting documentation, such as the testimony of experts, witness statements, and medical records. Based on this data, they will decide if the hospital is accountable for the patient’s injuries and, if so, how much compensation the patient may be due.
The amount of damages granted in a case of medical negligence can differ significantly based on the following:
Insurance Policy Limits Impact Your Compensation Package
The hospital’s insurance premium influences the amount that you can win in a medical malpractice settlement. For example, if a hospital has a policy limit for medical malpractice insurance that covers up to $2 million in damages, that amount is the maximum payout that you can receive.
If your costs exceed that, the hospital or healthcare provider can be held liable for covering the excess amount out of pocket. If they are unable to pay the excess sum in such circumstances, the hospital or healthcare provider may file for bankruptcy protection. However, our medical negligence attorneys will handle your Charlottesville case to ensure that you receive a payout.
Virginia’s Statute of Limitations Can Affect Collecting a Settlement
Virginia’s legal deadline for medical malpractice cases is two years from the date that the negligence took place. This means that, in most instances, missing this filing window may render the victim unable to collect compensation. However, there are exceptions that you can discuss with your lawyer to ensure that you do not forfeit any money that you are entitled to.
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Prepare for Your Charlottesville Medical Negligence Case in a Free Consultation
Consulting with a qualified medical malpractice lawyer about Charlottesville personal injury laws will benefit you more than fighting the hospital and its team of lawyers alone. Contact the Pendleton Law Team to ensure your rights are protected, and your settlement is maximized to cover the aftermath of their mistakes.
In a free consultation, we will calculate the preliminary value of your case, advise you of your legal alternatives, and answer any questions you may have about it. We are the Heavy Hitters® with a successful track record to match.
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