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.
WHAT IS MALPRACTICE?
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.”
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:
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.
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.
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PROTECTING YOUR RIGHTS
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.
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.
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.
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