Putting our health—and our lives—in medical providers’ hands involves a lot of trust. Medical errors can quickly erode this fragile trust, especially when patients suffer injuries. If you or a loved one recently suffered an injury after receiving care from a negligent health care provider, the Pendleton Law Team can hold them accountable.
Our personal injury lawyers serving Colonial Heights can lead your case for damages and protect your financial future. We understand these complex cases and will fight for you until the end, even if we must take on a big insurance company.
Our Colonial Heights medical malpractice lawyers are ready to review your situation and advise you on the next steps. Call us today for a free, no-obligation consultation.
What Is Medical Malpractice?
Medical malpractice occurs when a health care provider departs from the accepted standard of care and, in turn, harms a patient. Proving medical negligence involves more than being unhappy with the outcome of treatment.
In a medical negligence case, the health provider’s care must fall below what a competent provider would give under similar circumstances. This includes errors in diagnosis, treatment, aftercare, or health management. It does not involve unavoidable complications or when providers give the best possible care, but the patient does not recover.
Examples of Medical Malpractice
Any of the following could lead to a medical malpractice claim or lawsuit:
- Birth injuries (e.g., cerebral palsy, spinal cord injuries)
- Surgical errors (e.g., anesthesia errors, wrong-site surgeries)
- Diagnostic errors (e.g., failure to diagnose or a wrong or delayed diagnosis)
- Hospital-acquired infections (HAI)
- Medication errors (e.g., wrong medication, wrong dosage)
- Ignoring or misinterpreting lab results
- Premature discharge from a medical facility
- Poor follow-up or aftercare
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Our Medical Malpractice Lawyers Near Colonial Heights Will Fight for Your Full Recovery
Our medical negligence attorneys will lead your case while you recover. You can leave the calls, correspondence, paperwork, filing deadlines, and settlement negotiation talks to us. We will update you regularly on your case and answer your questions and concerns.
We also will:
- Gather evidence to prove your case, including health records, medical bills, witness testimony, and statements from expert witnesses who can explain how the medical provider breached the standard of care in your case.
- Protect you from attempts to minimize your claim or derail your financial award.
- Negotiate for maximum compensation so that you can cover your expenses.
- Review proposed settlement offers to ensure you don’t accept a payment that doesn’t meet your needs.
Our legal experience will guide us in choosing the best approach for proving your insurance claim or lawsuit. Call The Pendleton Law Team today to discuss your case during a free consultation.
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Filing Deadlines for Virginia Medical Malpractice Cases
If you want to pursue a medical malpractice claim or lawsuit, contact us now so that we can start working for you. Virginia limits the time injured parties have to pursue damages in civil court, per Virginia Code § 8.01-243.
If you are wondering how long you have to file a medical malpractice claim in Virginia, you generally have two years. This deadline starts on the date that you either recognized medical malpractice or discovered your injury.
If exceptions apply to your case that could change your case’s timeline or deadline, we can let you know during your free consultation.
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Who Can You Hold Liable in a Medical Malpractice Case?
Any of the following can be held liable for medical mistakes in a malpractice case:
- Doctors (general practitioners and specialists)
- Nurses and nurse practitioners
- Hospitals and health care facilities
- Pharmacies and pharmacists
- Dentists and dental surgeons
- Psychiatrists and psychologists
- Physical therapists
- Medical technicians (e.g., radiology, laboratory)
- Anesthesiologists
- Medical device manufacturers
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We Will Identify All Parties That Owe You Compensation
We will investigate what occurred during your procedure to determine if other parties are liable. While you may know which health care provider treated you, parties not present during the procedure may share responsibility for your injuries.
For example, the relationship between health care providers and the institutions they work for, such as hospitals or clinics, may be more complex than thought. We can determine if these entities failed in their duty to ensure your safety.
If your case involves faulty medical equipment or medication, we could hold manufacturers and suppliers accountable if it is determined their products contributed to your injuries.
Proving a Medical Malpractice Case Involves Several Factors
The Colonial Heights medical malpractice attorneys at our law firm know what we must prove to show medical malpractice occurred, such as the following:
- A doctor-patient relationship existed between you and the medical provider.
- The medical provider owed you a duty of care.
- The medical provider violated this duty through negligent or improper actions.
- The negligent action directly injured you or a loved one.
- Your damages resulted in compensatory losses, such as health care expenses, lost income, and pain and suffering.
Recoverable Damages in a Medical Errors Lawsuit
Because damages vary in personal injury cases, there is no average settlement amount. However, we will consider every loss and determine how much to demand from the liable party. Medical malpractice plaintiffs may seek compensation for economic (financial) and non-economic (non-financial) damages.
Economic Damages
- Medical expenses (past and future) for treatments, surgeries, medication, rehabilitation, and other related health care costs.
- Lost income for time off work due to the injury.
- Loss of earning capacity if the malpractice causes a disability that hurts your earning power. If you now earn less because you cannot work as much or must change jobs because of your injuries, you can sue to recover this loss.
Non-Economic Damages
- Pain and suffering for the physical and emotional distress the injury caused.
- Emotional distress for the injury’s effects on your mental and emotional health, such as anxiety, depression, and trauma.
- Loss of enjoyment of life if you can no longer participate in your hobbies because of the injury.
Wrongful Death Damages
If your loved one suffered fatal injuries in a medical malpractice case, our Colonial Heights wrongful death lawyer can file legal action to recover losses, such as:
- Medical and rehabilitation therapy expenses
- Funeral and burial expenses
- Lost household income
- Other related expenses
Virginia caps the total monetary amount of non-economic damages that can be awarded in medical malpractice cases, per Code of Virginia § 8.01-581.15. These amounts adjust periodically.
Economic damages, however, are not capped, allowing full recovery of costs and lost income related to the malpractice.
Punitive Damages
Our Colonial Heights medical injury attorneys can advise you on whether you can receive punitive damages. These damages aim to punish and discourage defendants from repeating willful recklessness in the future. However, judges and juries rarely award these awards, which are subject to statutory limits.
Call Us About Your Colonial Heights Medical Injury Case – Free Consultation
The Pendleton Law Team is ready to help you take on a negligent medical provider. Health care professionals must meet their duty of care to provide quality medical treatment that keeps their patients safe and healthy.
While this seems fairly straightforward, proving medical negligence can be challenging. We don’t run from these complex cases. We welcome them and will take on big insurance companies while protecting your future.
The medical malpractice attorneys near Colonial Heights can represent you at no upfront cost. Contact our law office today to learn more during a free consultation.
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