Medical Malpractice Lawyers


Medical Malpractice Lawyers


When a medical practitioner or healthcare provider makes a mistake, it’s heartbreaking. A serious error – whether accidental or due to negligence – can have devastating consequences for you and your family. These cases are among the most complex and expensive to litigate, so you need a medical malpractice lawyer with the experience and resources to win your case.

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In 2023, the cap on malpractice damages in Virginia is around $2.5 million in total damages.


 26% of medical malpractice claims are related to failure to diagnose; 24% of claims relate to surgery, 28.5% of claims relate to improper treatment.


A recent stud shows there are approximately 250,000 patient deaths related to medical malpractice each year.  

Medical Malpractice Lawyer


Generally speaking, medical malpractice is any instance when a healthcare provider does not meet what is considered the accepted standard of care and this negligence of care or mistake causes a patient to sustain an injury or illness. These claims can be made against doctors, hospitals, nursing home management companies, specialists, lab technicians, etc.

In Virginia, Section 8.01-581.1 defines medical malpractice as: “any tort action or breach of contract action for personal injuries or wrongful death, based on health care or professional services rendered, or which should have been rendered, by a health care provider, to a patient.”

The Burden of Proof in Medical Malpractice Claims

Elements of a Malpractice Claim

When filing a lawsuit in Virginia, the burden of proving negligence occurred falls on the plaintiff. There are four key elements that must be proven to win a medical malpractice claim. A lawyer must prove the following to be successful:

  1. There was an established doctor-patient relationship, establishing a duty of care by the physician.
  2. The duty of care was breached by mistake or negligence.
  3. The patient suffered significant harm or death.
  4. The harm a patient suffered was a direct result of the negligence.

Virginia follows a contributory negligence rules meaning the victim must not have contributed in any way to the harm they suffered. Lawyers for the insurance company the claim is filed against will often attempt use this to dismiss a case, claiming the injured party somehow was partially at fault.

Common Medical Malpractice Claims

Diagnostic errors are the most common basis for medical malpractice lawsuits. When a doctor provides an incorrect diagnosis or fails to recognize a medical issue resulting in harm, they can be held liable.

Surgical errors include leaving a foreign object in the body after a procedure, performing an unnecessary or unreasonable procedure in response to symptoms,

Improper treatment of a patient can involve a correct diagnosis by a doctor, but a mistake in the treatment. When a doctor gets the diagnosis right, but prescribes the wrong treatment, the underlying condition may not be addressed. Improper treatment may also refer to a delay in treatment that leads to harm.


Years Winning Personal Injury Cases


Convenient Locations

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Why The Medical Malpractice Lawyer You Choose Matters

Even the best doctors can make mistakes. Injuries from medical errors can have catastrophic consequences for you and your family. The insurance company representing the defendant will make it tough to prove and win your case. They have a lot at stake, just like you do. Additionally, these cases are among the most complex and expensive to litigate, often requiring expert testimony, review boards, hospital records, detailed depositions, and much more. In this area of law — perhaps more than any other — a good attorney is critical to winning your case.

Not all injury law firms have the resources or experience to successfully litigate medical malpractice cases. Strict rules about evidence, procedure, and statute of limitations are all critical to these cases. When everything is on the line, don’t trust your future to just anyone. Call the medical malpractice lawyers at Rutter Mills for a free case evaluation. We will evaluate the necessary elements of your claim and give you options to move forward. If you choose Rutter Mills there will be no upfront fees or retainers. We get paid, only when you do.

Contact a medical malpractice attorney for expert legal guidance

A Rutter Mills case is a serious case. It may mean you have been badly injured. It certainly means you have a lot on the line, and the resolution of your case will make a big difference to you, your family, and your life moving forward.

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At Rutter Mills,
every case is a serious case-because it's your case.

Rutter Mills Law Firm

Personal Injury

We are here for you in your time of need, providing compassionate guidance and aggressive advocacy in a wide range of personal injury matters. Our top-rated attorneys will fight the insurance companies and get you back on your feet.

Personal Injury Lawyers
Personal Injury Lawyers

Car Accidents

We’re here to listen. A member of our team will meet with you, focusing on not only what happened, but also what you are going through and how it’s impacted your life. Then we’ll tell you what options are available to you to get on the road to recovery.

Car Accident Lawyers
Car Accident Lawyers

Maritime/Jones Act Law

Personal injuries that happen when you’re working – or playing – on the water aren’t governed by “the law of the land.” They are subject to maritime laws under the Jones Act– also known as admiralty law.

Maritime Lawyers

Motorcycle Accidents

We’re here to listen. A member of our team will meet with you, focusing on listening to not only what happened, but also what you are going through and how it’s impacted your life.

Motorcycle Accident Lawyers
Motorcycle Accident Lawyers

Truck Accidents

Truck accidents are often serious. We are here to listen to your story so we can guide you to healing. Our team has represented some of the largest truck accident cases in Virginia. Call us and see how we can help you today.

Truck Accident Lawyers
Truck Accident Lawyers

Workers Compensation

If you’ve been injured on the job, workers’ compensation insurance may entitle you to critical assistance like medical treatment, lost wages, and more. But insurance companies will put up an aggressive fight to resist paying you the compensation you need and deserve. Rutter Mills can help get you the money you deserve.

Workers Compensation Lawyers
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Real People. True Stories.


You don’t have to worry about the bills, just get healthy.

Dave Put His Trust in Us

Don’t Fall For The Insurance Company’s Games

Dave suffered serious injuries in a car accident. The defendant’s insurance company tried to offer him a low amount so Dave called Rutter Mills. We took over dealing with the insurance and got Dave the money he needed to get back on his feet.

They enabled me to be happy in life again.

Get Back On Track

Protecting Your Future

Glenn’s car accident changed his life, but not permanently thanks to the help of his Rutter Mills attorney. When the insurance companies wouldn’t help him, our team fought back and won.

I knew I needed Rutter Mills.

Fighting For What's Right

Getting Justice

On his way home from work at the shipyard, Dan was involved in an accident. He tried to file a claim on his own, but the insurance company wouldn’t give him the money he needed to put his life back on track. Dan knew he needed to call Rutter Mills.

They actually won my case 3 times!

Larena's Win

After her car accident, Larena asked her father, a local stevedore, for his advice on who to call. He recommended Rutter Mills. Her team of car accident experts at Rutter Mills fought back when the insurance companies tried to deny her the money she needed to recuperate from her injuries. We took her case to trial – and won. When the insurance company filed their appeals, we beat them again – two more times! Larena got the money she needed and the justice she deserved.

We’re going to immediately call Rutter Mills. That’s the people I trust with my baby girl.

Who Do You Trust With Your Family?

After a car accident, Jamaree’s first call was to her mom. She was shaken up and scared. Mom told her “We’re calling Rutter Mills. Her next was to Rutter Mills. Her Rutter Mills car accident team helped her get compensation “above & beyond” what she was expecting.

They lifted allot of stress off my shoulders. I recommend them to anybody because they WILL fight for you.

Who Can You Turn To?

Referrals From Friends and Family

After John was seriously injured in a motorcycle accident, he turned to the person he trusts most for a recommendation. His wife, a paralegal of 30 years, told him to call Rutter Mills on the advice of the lawyer she worked for.

They really care for you as a person. Words cannot describe what Rutter Mills did for me and for my case.

When You Need Someone In Your Corner

Don’t Go It Alone

When the insurance company tried to get Carol to sign paperwork after her car accident, she knew she needed a lawyer. Carol knew she needed Rutter Mills.

When I called Rutter Mills, I knew it was the right fit. They’re so interested in helping you get justice.

Getting The Justice You Deserve

When Mom Needs Strength

Taryn was in a car accident while she was pregnant. She knew she needed someone in her corner to protect her rights and her family’s future.

There’s attorneys, then there’s Rutter Mills.

We're Here When The Unexpected Happens


A devasting accident changed Levon’s life forever. The physical and emotional toll left him scared and in pain. When the insurance company for the defendant contacted the family, they made an offer that did not even cover the cost of the medication, much less doctors’ bills, and physical therapy. They knew they needed to talk to a serious lawyer. Rutter Mills took care of the negotiation so Levon could focus on healing.

When you’ve got a serious injury, you need a serious lawyer. That’s why we chose Rutter Mills.

Motorcycle Accidents Change Everything

When Ed was injured in a motorcycle crash, he knew he needed a serious lawyer to protect his rights. The insurance companies were fighting him every step of the way. Rutter Mills helped prove Ed’s case and get him the money he needed to get on the road to recovery.

With the seriousness of the accident, I knew that we needed a serious lawyer. I needed Rutter Mills.

Carol & Levon's Story

They knew they needed a serious lawyer when Carol and her son were seriously injured. After the other party’s insurance company tried to get her to settle for less than she needed, Carol called Rutter Mills for help. We took on the insurance company so she could focus on healing.

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See what our clients
say about Rutter Mills.

Jacque K

I highly recommend the Rutter Mills team from start to finish. Every single person I interacted with from the very first phone call was amazing. Any questions I had were always answered quickly, professionally and seemed genuinely invested in my well being. They made all the difference with my case, I am truly grateful we chose them!

Chris I.

I can't praise Rutter Mills law firm enough Catherine Foster is not only a great paralegal handling my lawsuit with my lawyer Dan Dallia I truly consider her like family.So many times I was depressed and in pain and she would talk me through it encouraging me to be strong.She is also going through a lot like myself and completely understands and is able to show compassion a fully healthy healthy person couldn't.The discovery she provided me amazed me,and was so thorough very professional.I consider her my friend for life!

Michael M.

My "Dream Team" Attorney Erik Porcaro and Paralegal Jackie Shuster worked over and above my expectations. She kept an open dialogue throughout the entire process and kept me informed through every phase of my case. I will always come back to Rutter Mills. Thanks for a great experience.

Anna R

Thank you to my Attorney - Eric Porcaro and paralegal Kamilah White for doing such a stellar job on my case! It was a real pleasure working with this team!

Dorian F.

Joe Young and Kathy Saunders were the absolute best. They kept me informed and properly communicated all information with me in a timely manner. They also were able to get me the amount I requested without going back and forth with me. They were a true pleasure to work with and for this reason I will continue to do business with Rutter Mills.


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Posted on June 13, 2024 by Brooke Manning