Medical malpractice occurs when a healthcare professional fails to provide the standard of care expected in their field, resulting in injury or wrongful death. In such challenging times, the help of a medical malpractice lawyer serving Chester may be necessary to collect just compensation.
The Pendleton Law Team has served throughout the state of Virginia since 2011. We aim to provide valuable legal services as trusted personal injury lawyers for Chester clientele.
If you or a loved one has suffered harm due to medical negligence, know that we understand the devastating impact it can have on your life, and we want to help you seek justice. Learn about the legal process involved, the potential worth of your medical malpractice claim, and other factors that are essential to winning your personal injury lawsuit.
What Are the Different Forms of Medical Negligence a Personal Injury Victim Can Sue for?
There are several forms of medical neglect that could result in personal injury, leading to a lawsuit. The most common types include:
- Misdiagnosis or failure to diagnose: The healthcare provider fails to properly identify the patient’s medical condition, leading to delayed treatment or incorrect treatment. Examples include missed cancer diagnosis, failure to recognize the signs of a stroke, etc.
- Surgical errors: Mistakes made by surgeons or other medical staff during an operation, such as operating on the wrong body part, leaving surgical instruments inside the patient, etc.
- Medication errors: Prescribing the wrong medication, incorrect dosage, or failing to consider dangerous drug interactions. This can lead to serious adverse reactions or complications for the patient.
- Treatment errors: Providing improper or substandard medical treatment that deviates from accepted standards of care. Examples include giving the wrong treatment, using outdated or inappropriate procedures, etc.
- Failure to monitor or follow up: Not properly monitoring the patient’s condition and responding to changes, or failing to schedule necessary follow-up appointments. This can allow a patient’s condition to worsen.
- Lack of informed consent: Failing to properly inform the patient about the risks, benefits, and alternatives of a proposed treatment. Patients have a right to make educated decisions about their own care.
- Hospital/facility negligence: Errors or substandard care provided by nurses, technicians, or other hospital staff, or problems with the facility’s equipment, policies, or procedures.
To have a successful medical malpractice case, it must be apparent that the healthcare provider’s negligence directly caused you harm or injury. If conditions worsen, resulting in your loved one passing, our wrongful death lawyers in Chester can help facilitate a claim.
For a Free Legal Consultation
Call The Personal Injury Lawyer Hotline.
804-250-5050
Know What Steps to Take if You Need to File a Medical Malpractice Suit
Enduring a medical mistake is hard enough. Adding a layer of legal processing to it may be enough to postpone or worsen your healing. In a nutshell, if you or a loved one may need to file a medical malpractice claim, this brief overview of duties can put you on the right track:
- Gather medical records by obtaining copies of all relevant medical documentation.
- Document everything. Take detailed notes on events, conversations, and impacts. Collect any physical evidence that you can.
- Consult a medical malpractice attorney who serves Chester. The Pendleton Law Team can review your case, advise you on the standard legal process, and request an evaluation by an independent medical specialist.
- File the malpractice claim. Our attorneys will prepare and submit all legal paperwork on your behalf.
- Navigate the litigation process. This includes discovery, depositions, settlement talks, and if necessary, trial.
- Recover damages.
Let the Heavy Hitters® Take On Your Case 804-250-5050
Types of Medical Malpractice Damages to Claim in a Settlement
In the first consultation, most clients ask about the potential value of their medical malpractice settlement. There is no one-size-fits-all answer to give, as these cases tend to be based on circumstances and one’s road to recovery. However, in general, most medical malpractice cases seek to recover the following losses:
Economic Damages
- Past and future medical expenses related to treating the injury
- Lost wages and loss of future earning capacity
- Out-of-pocket costs for things like medical equipment, home healthcare, etc.
Non-Economic Damages
- Pain and suffering, both physical and emotional
- Loss of enjoyment of life
- Permanent disability or disfigurement
Punitive Damages
- In cases of egregious, willful, or wanton misconduct by the healthcare provider
- Intended to punish the defendant and deter similar behavior in the future
The amount of damages awarded will depend on the specific facts and circumstances of the case, including:
- The severity of the patient’s injuries
- The long-term prognosis and impact on the patient’s quality of life
- The degree of negligence or recklessness by the healthcare provider
- Specialist testimony on the economic and non-economic losses
Virginia law mandates a cap on total damages for medical practice claims. If you need to know the exact limit or to confirm if your case reaches it, our Chester-serving medical malpractice attorney will thoroughly evaluate your damages.
Central Virginia's Top Rated Personal
Injury Lawyers 804-250-5050
Deadlines for Filing a Medical Malpractice Claim in Virginia
With any lawsuit comes the legal deadline in which a claim must be filed in order to seek justice. Many victims don’t know this and, due to their worsening conditions, may not have enough time to dedicate towards completing the required documentation before the statute of limitations expires. Luckily, a medical malpractice attorney serving Chester can manage this easily.
In Virginia, the following are specific deadlines that apply to filing a medical malpractice claim:
Statute of Limitations
The standard statute of limitations for a medical malpractice claim in Virginia is two years from the date of the alleged malpractice incident.
Statute of Repose
There is also a statute of repose in Virginia, which sets an absolute deadline of two years to file a claim, regardless of when the injury was discovered. The only exception is for cases involving a “foreign object” left in the body, which have a one-year statute of repose from the date of discovery.
Exceptions and Extensions
- If the injured patient is a minor (under 18 years old), the statute of limitations is extended until the patient’s 20th birthday.
- For cases involving fraud, concealment or intentional misrepresentation by the healthcare provider, the statute of limitations may be extended.
- If the patient was mentally incompetent at the time of the malpractice, the statute of limitations may be tolled (paused) until the patient regains competency.
Let Us Be The Heavy Hitters® For Your Case Speak To An Attorney Now
Connect With a Chester-Serving Medical Malpractice Injury Lawyer Today
The Pendleton Law Team has medical malpractice lawyers working in Chester, VA, and they are ready to connect with you. Instead of facing hospital attorneys or insurance adjusters alone, allow our team to fight for you. The road to recovery may be long but with the comprehensive support of our legal team, your lucrative settlement may be at the end.
Contact us today to connect during a complimentary consultation session, let our firm fo the heavy lifting as you fight to heal.
The Pendleton Law Team Is Here For You 804-250-5050
