If you’ve sustained a serious injury or illness due to a medical provider’s negligence, you could be facing a lifetime of exorbitant medical bills, physical pain, and emotional suffering. To get the compensation you’re owed and avoid getting tricked by a lowball settlement offer, you’ll need a medical malpractice lawyer.
At the Pendleton Law Team, we’ll negotiate with insurers until they offer a settlement that covers all of your losses, and if they don’t, we won’t wait to take your case to court. Our personal injury lawyers are fierce and experienced litigators, so they’ll likely be able to reach a verdict or settlement that meets your needs.
Incidents of Medical Malpractice That Our Lawyers Can File a Claim for
When doctors and nurses make an error or fail to give a patient the attention they deserve, the patient can suffer serious, and sometimes permanent, consequences. If you live in or around Newport News, VA, and you’re a victim of medical malpractice, you’ll want an experienced attorney on your side.
Our medical malpractice lawyers have litigated claims for a number of different accidents, including:
- Incorrect prescription
- Incorrect dosage
- Surgical error
- Misdiagnosis
- Failure to diagnose
- Retained surgical object
- Hospital infection
- Birth injury
Each type of medical malpractice case requires specific knowledge and legal expertise. The attorneys at Pendleton Law have helped clients file successful malpractice claims for decades. You can be confident that our team has what it takes to secure a high-value settlement on your behalf.
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Compensation You Could Receive From a Medical Malpractice Claim in Newport News
A successful medical malpractice claim can yield a variety of different damages. That being said, the most significant loss you’ll receive compensation for is your medical expenses. The money you get from a claim can cover the cost of your doctor’s appointments, medications, surgeries, assistive devices, and any other services you need to treat your injury.
A medical malpractice attorney will work with you to determine which damages you’re owed and how much you ought to receive for each one. Using your testimony along with your medical records and other relevant documents, your lawyer will file a claim for the following damages:
- Lost wages: If you need to stay home from work to recover from your condition or take time off to attend medical appointments, these damages can make up for the wages you lose.
- Reduced earning capacity: Permanently debilitating medical malpractice injuries and health outcomes can affect your ability to perform basic workplace duties. If your condition has reduced the amount of money you’re able to earn, these damages can make up the difference.
- Pain and suffering: The compensation you receive from a claim can also help you cope with the pain caused by your injury. If you’ve been experiencing chronic or distracting pain, a medical malpractice attorney can add these damages to your claim.
- Mental distress: When a medical professional you trust makes a mistake that causes you to suffer a serious illness or injury, it can take a toll on your mental health. Fortunately, these damages can help you manage the psychological impact of your medical malpractice incident.
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How an Attorney Can Prove Medical Negligence
To obtain the damages you need to pay your bills and get your life back on track after a medical malpractice accident, an attorney must prove that your physician’s negligence was the root cause of your injury and losses.
Once our team has thoroughly investigated your incident and collected evidence, they’ll ideally be able to prove the four “Ds” of medical negligence, which includes:
Duty of Care
A duty of care refers to a doctor or medical professional’s legal obligation to behave in a way that prevents foreseeable harm. This involves following standardized medical practices and avoiding actions that the medical community would deem unsafe.
To prove that your doctor should be held liable for your losses, your lawyer must establish that they owed you a duty of care in the first place. This can be done using your medical records as proof that you were indeed the doctor’s patient.
Failure of Duty
Next, a medical malpractice attorney from our team will have to prove that your doctor failed to uphold the duty of care. Your lawyer can use witness statements and other forms of evidence to show that your doctor didn’t act with your safety in mind.
Direct Causation
To prove that your injuries weren’t caused by an unrelated accident or your failure to follow your doctor’s instructions, a lawyer will also have to show that your doctor’s dereliction of duty was the direct cause of your condition.
Damages
Once your attorney has proven that the doctor’s actions caused your injury, they’ll need to provide evidence that shows your injury caused you financial loss. They’ll use your medical bills and evidence of lost wages to do so.
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How Much Time You Have to File a Medical Malpractice Claim
In Virginia, victims of medical negligence must abide by the state’s statute of limitations when filing a lawsuit. According to Virginia Code § 8.01-243.1, you’ll have two years from the date of your incident to submit a civil suit.
If you don’t notice your injury or illness right away, you’ll have two years from the date that you discover your medical malpractice injury to take legal action. Our medical malpractice lawyers can get your suit filed on time, but you need to act fast.
Waiting too long to hire an attorney could make it hard for your lawyer to comply with Virginia’s filing deadline. If your deadline is near or has already passed, reach out to our team today to learn about your other legal options.
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Contact a Medical Malpractice Attorney Today
If your doctor made a mistake or miscalculation that caused you to suffer an injury, you deserve to hold them liable for your pain, emotional damage, and monetary loss. However, filing a successful claim on your own can be incredibly difficult.
Fortunately, the attorneys at Pendleton Law are here to help you. A medical malpractice lawyer from our firm can offer valuable legal advice and represent your best interests at every stage of your case. Contact us today to get the advocacy you need to get back on your feet.
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