We go to hospitals to get properly diagnosed, receive treatment, and maybe leave with resources on how to better our health. Unfortunately, this is not everyone’s experience. Sometimes, people leave in a worse condition than when they arrived.
If this is your experience, you can seek compensation for your damages. The Virginia Beach medical malpractice attorneys at Christina Pendleton & Associates handle cases like these. Trust us to fight those accountable for your injuries for the highest payment possible.
What Qualifies as a Medical Malpractice Claim?
There is a misconception that medical malpractice always has to be severe and extensive in order to win a settlement. No matter the degree or extent of your personal injuries, you have the right to be compensated for medical negligence. We build legal claims for:
- Surgical objects left behind during surgery
- Lack of diagnosing or wrong diagnoses
- Childbirth complications resulting in injury
- Surgery mistakes
- Nursing facility abuse
- Anesthesia complications
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Awarded Damages for Medical Malpractice Cases
When filing a case for medical malpractice, the plaintiff seeks payment for the harmful aftermath following medical treatment of an injury. There can be complexities with medical cases, so hiring a lawyer is in your best interest for a favorable outcome.
Our Virginia Beach medical malpractice attorneys are prepared to handle your lawsuit regardless of it being settled with insurance or going to trial. We have years of expertise in securing compensation for the following losses:
- Medical expenses
- Lost wages
- Pain and suffering
- Punitive damages
- Wrongful death
If there are other fees that you are concerned about, discuss them with your attorney during your initial consultation.
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How Much Does It Cost to Hire a Malpractice Attorney in Virginia Beach?
Hiring an attorney is a win-win situation. Not only are you more likely to get a larger settlement, but our office does not charge for legal representation until after your settlement is awarded to you.
We run our office on a contingency fee basis. So, if your case is unsuccessful, you are not responsible for paying us anything. Also, our initial consultation is free of charge.
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Requirements for a Medical Malpractice Claim in Virginia Beach
There are basic guidelines that each medical malpractice claim must follow. Our Virginia Beach medical malpractice lawyers can clarify details behind the following principles:
- Presence of a doctor-patient relationship: There has to be proof that the physician was hired to facilitate your care.
- Negligent conduct: For this, there must be proof that the doctor was negligent in a way that was not skillful or careful in a way that competent physicians are.
- Correlation between conduct and injury: Direct proof that the practitioner’s incompetent action led to further injury is required. Oftentimes, a medical expert will have to testify to verify this.
- Evidence of harm suffered: In order to win a settlement amount, it has to be evident that physical pain, emotional distress, medical expenses and, or wages were affected.
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Statute of Limitations for Filing a Medical Malpractice Claim in Virginia
In Virginia, there is a legal deadline for filing a case against a practitioner for malpractice. Virginia Code § 8.01-243.1 states that victims can file a claim up until two years from the date of injury. After this deadline has passed, you will no longer be eligible to receive compensation.
During this time of COVID-19 related backlog, it is best to contact a lawyer to file a claim as soon as possible to ensure that your documents enter the system in a timely manner.
What Invalidates a Medical Malpractice Case?
In Virginia, it is standard for shared fault to harm your ability to win a medical malpractice case. Virgina still implements a contributory negligence factor in all malpractice cases, which examines if the plaintiff caused even one percent of harm in a case.
Our medical malpractice lawyers in Virginia beach will assess every detail of your case beforehand to determine if you played any role in your illness or injury.
What Is the Process for a Medical Malpractice Case?
If you have reason to believe that you were harmed due to lack of care by a physician, deciding to file a lawsuit means preparing for a lengthy process. There’s no need to panic but patience is required. To be better prepared, here are the stages of filing a malpractice case:
- Consult with an attorney: Their legal perspective will help you to strategize your case filing.
- Undergo an investigation process: All relevant medical expenses and medical history will be examined.
- Hire a medical expert: They support your claims and help to link negligence directly to the injury. Their certificate of merit is needed to verify the validity of your claim.
- Discovery stage: Information is requested from both sides (the defendant and the plaintiff) to be used throughout the case. Questioning during depositions will take place in which both parties will fight their stance.
- Settlement negotiations: Both sides will begin negotiating a compensation offer. If a settlement is not reached, it will move on to the next step.
- Trial: Dual arguments will be presented to a judge and jury for deliberation. Witness testimonies and cross-examination will occur for both parties. From here, the jury will decide the amount that a defendant will have to pay the plaintiff.
Contact a Medical Malpractice Lawyer in Norfolk Today
Seeking compensation from medical professionals or the healthcare field in general can be daunting. Our lawyers are skilled at demanding equitable settlements and helping clients navigate through the complexities of malpractice claims.
Our commitment, expertise, and compassion make us the best Virginia Beach medical malpractice lawyers for your case. Virginia residents trust Christina Pendleton & Associates to fight for justice and hold practitioners accountable for misconduct. Schedule a free consultation when you contact us today.
The Pendleton Law Team Is Here For You 804-250-5050