We go to doctors for health-related answers and solutions, trusting them to handle our lives and well-being with great care. Most providers respect that trust and their professional duty to give us informed, quality care.
Those who don’t can cause immeasurable damage and must be held accountable. A Harrisonburg area personal injury lawyer from The Pendleton Law Team is here to lead that fight.
Our team has a perfect A+ rating from the Better Business Bureau (BBB), and you’ll see why when you partner with a medical malpractice lawyer serving clients in Harrisonburg. We honor your trust and will work relentlessly to deliver justice. Your case and your future matter to us.
The Elements of a Medical Malpractice Claim
Medical malpractice occurs when a healthcare professional fails to provide you with a reasonable standard of care, and you are hurt by their failure. As soon as possible after the incident, connect with an attorney who can explain the 4 Ds of medical negligence and create an effective legal strategy.
Duty of Care
For any personal injury claim, you must show the at-fault party owed you a duty of care. This is a legal obligation to uphold your safety.
This duty is a sacred one among medical care providers and is built into the professional code. Once they take you on as a patient, they are legally bound to provide the profession’s standard of care.
Dereliction of Duty and Direct Causation
An attorney can investigate your situation to reveal your care provider’s dereliction, or failure, of duty. The failure may be an act of negligence or a failure to act in ways that supported your care.
Then, you’ll need to show how that failure, not some other factor, was the direct cause of your injury or illness.
Measurable Damages
To collect compensation, you have to show the incident of medical malpractice left you with quantifiable losses, such as medical costs, lost earnings, and suffering. A medical malpractice attorney serving Harrisonburg can assess these losses with precision and fight to hold the offending party accountable.
The other side will likely try to minimize or altogether dismiss your losses, especially those for your pain and suffering. We will challenge these disrespectful attempts to deny you justice.
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Common Types of Malpractice Claims
According to the Code of Virginia Chapter 21.1, medical malpractice refers to “any tort action or breach of contract action for personal injuries or wrongful death based on health care…services rendered, or which should have been rendered” from a provider to a patient. Medical malpractice can take a variety of forms.
For example, some of the most common misdiagnosed illnesses are deadly ones, including cancer, sepsis, and heart disease. You could also be the victim of a failure to diagnose. The provider may have dismissed your symptoms or failed to carry out follow-up tests.
Medical malpractice can happen during surgery. A surgeon may commit an avoidable error, operate unnecessarily, or leave sponges or other surgical devices in your body. Trust The Pendleton Law Team to expose the malpractice and support your claim with strong evidence.
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Don’t Wait to Connect with a Medical Malpractice Attorney Serving Harrisonburg
Secure legal representation with a medical malpractice attorney serving clients in Harrisonburg as soon as possible. You generally have two years to file a lawsuit according to the Code of Virginia 8.01-243C, although factors can change how long you have to file a medical malpractice claim in Virginia. For example, if your claim is against a government entity, the deadline is shorter.
Other times, the deadline is longer. In some cases, the clock doesn’t start ticking until the date you discovered the malpractice. The statute of limitations can also be tolled for claims with victims who are young children or incapacitated adults.
There is a ten-year statute of repose for medical malpractice claims. This means any claim must be filed within ten years of the discovery of the injury. To avoid the risk of missing the deadline that applies to your case, connect with an attorney quickly.
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Building a Solid Medical Malpractice Claim
You can take steps to strengthen your malpractice claim from the start. Document all doctor visits and treatments. Take notes during those visits and as you go through recovery. Include specific details about your physical and emotional pain, and how your life has changed because of your care provider’s failure.
If family members, friends, or other eyewitnesses can provide testimony, give their contact details to an attorney. Keep track of missed work days and income, and of all medical costs and other expenses related to your injuries or medical condition.
A medical malpractice lawyer serving Harrisonburg will explore all other sources of evidence. Malpractice cases typically require input from expert witnesses, such as independent doctors or specialists. Our team has relationships with medical professionals who can evaluate the incident, your condition, and your prognosis.
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How Our Medical Malpractice Lawyers Can Help With Your Case
The Commonwealth of Virginia’s Medical Malpractice Rules of Practice are complicated. Medical malpractice cases follow specific legal procedures. To avoid making any claim-damaging mistakes, put your case in our capable hands. We know the rules and can take your claim safely through the process.
We will also fight for the highest compensation available. Typically, medical malpractice damages help recover your medical expenses, lost wages and earning capacity, and other related costs. They also account for your pain, suffering, and reduced quality of life.
Some instances of medical malpractice present grounds for punitive damages. If your care provider showed extreme negligence or intent to harm, you may be entitled to an additional monetary award designed to punish the offender for their appalling behavior. Virginia Code 8.01-38.1 caps this punitive amount at $350,000. We will fight to secure every dollar you deserve.
Contact the Heavy Hitters® Today
Upholding victims’ rights isn’t just a job for the attorneys and staff at The Pendleton Law Team. It’s our mission. Delivering you the most favorable claim outcome is personal to us.
Connect with a medical malpractice lawyer handling cases in Harrisonburg to arrange your free case consultation. We are in this fight together.
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