Virginia medical malpractice attorneys
Compassionate representatives for you and your loved ones
Modern medicine is highly specialized, with new technologies and discoveries happening every day. While new developments in medicine are encouraging, it can be discouraging to learn about or experience serious consequences of improper medical care.
When we need medical treatment, we must be able to trust our doctors and other healthcare providers to perform within an acceptable standard of care. Sadly, this does not always happen – patients are injured through medical negligence every day.
What is medical malpractice?
Medical malpractice is negligent or wrongful conduct. It happens when a doctor, surgeon or other healthcare provider fails to perform his or her duty to the patient within the accepted standard of care – that is, the actions performed by similar healthcare providers under similar circumstances. If malpractice is the cause of injury or death of the patient, a lawsuit may be filed to recover compensation from the responsible medical professionals.
How often does medical malpractice happen?
What most people do not know is that medical error is one of the leading causes of death and injury in the United States. Almost $4 billion was paid out for medical malpractice claims in 2015, according to Diederich Healthcare 2016 Medical Malpractice Payout Analysis. Of the nearly $4 billion paid out, the following were the most common medical claims:
- 30 percent for injuries resulting in death
- 18 percent for significant permanent injuries
- 16 percent for major permanent injuries
- 16 percent for quadriplegic, brain damage, and lifelong care injuries
- 8 percent for major temporary injuries
- 8 percent for minor permanent injuries
How can I file a medical malpractice claim?
When you file a medical malpractice claim, you have the burden of proof, and must demonstrate the following:
- The standard of care that was in effect when the malpractice occurred.
- The doctor or healthcare provider breached the standard of care.
- You were injured as a direct result of the breach of the standard of care.
- Show the specific damages you suffered.
In most medical malpractice cases, expert opinions are required to prove a breach of standard of care and that the breach caused harm. Before a healthcare provider can be served with a complaint (lawsuit) in Virginia, in most cases, you need the signed opinion of a qualified expert stating that the healthcare provider deviated from the standard of care, and that the deviation is the cause of the injuries you are claiming.
Get professional help from proven medical malpractice lawyers in Virginia
Proving medical malpractice can be a complex and technical process. If you have been injured through medical negligence, you need a seasoned medical malpractice attorney by your side. GibsonSingleton Virginia Injury Attorneys have more than 60 years of combined experience and a winning track record in the courtroom. Contact us or call us at (804) 413-6777 or toll-free (855) 781-6777 for a free consultation.