When you went to the hospital for a medical emergency, met with your primary care doctor after experiencing abnormal symptoms, or started seeing an obstetrician when you became pregnant, you trusted in your healthcare providers. You had every reason to believe that they would be able to identify any serious medical conditions and get you the treatment you need to remain in optimal health. Unfortunately, medical errors and mistakes by healthcare providers are far more common than you might have previously thought.
If you have become ill or were seriously injured after your doctor made a mistake, you may have the right to compensation for your suffering. Working with a reputable Richmond medical malpractice lawyer from MartinWren, P.C. could give you the best opportunity to get justice. Meet with a top-rated Richmond personal injury lawyer at our firm 24/7 to learn more about whether you have grounds for a claim, who should be named in your medical malpractice lawsuit, and what you could be awarded for your losses.
These Are Some of the Most Common Types of Medical Malpractice
Medical malpractice can include a wide variety of mistakes and errors. For example, if your healthcare provider prescribed a medication that interacted with a different medication you were already taking, ultimately causing you to fall into a coma or other injury, your Richmond traumatic brain injury lawyer may be able to file a medical malpractice lawsuit against them. Some of the most common types of medical malpractice include:
- Surgical mistakes
- Birth injuries
- Misdiagnosis
- Anesthesia mistakes
- Failure to treat
- Failure to provide follow-up care
- Pharmaceutical errors
For a legal consultation with a personal injury lawyer, call 434-817-3100
Richmond Medical Malpractice FAQ
How Long Do I Have to File a Malpractice Lawsuit Against a Negligent Healthcare Provider?
You generally have two years to file a medical malpractice lawsuit against the negligent healthcare provider per Code of Virginia § 8.01-243. This is similar to the personal injury statute of limitations. Typically, if your lawsuit is not filed before the statute of limitations deadline passes, you will miss out on the opportunity to have your case heard at trial. In addition, some medical malpractice claims also have notice periods, which require you to provide notice of the claim within a certain amount of time or the claim is lost.
In some instances, the statute of limitations may take longer to expire. This most often occurs in situations where a minor child is a victim of medical malpractice, in which case the child who is under the age of eight may have until the age of ten to bring their claim. Va. Code sec. 8.01-243.1. Or your injury or illness may be due to undiscovered medical malpractice until the time it was or should have been discovered. In addition, some statutes of limitations might be extended due to what is known as the “continuous treatment rule.”
Knowing when and how the statute of limitations applies in any given case is often a complicated legal question. Because of that, you should contact an experienced Virginia medical malpractice attorney as soon as possible after you suspect that you have been the victim of medical malpractice. You can find out exactly how much longer you have to file your claim when you consult your Richmond medical malpractice attorney with MartinWren, P.C.
What Is the Medical Standard of Care?
The medical standard of care refers to the duty all healthcare providers have to their patients in any given situation. Doctors, nurses, and other medical professionals are expected to make medical decisions. When they make a mistake or error that another reasonable healthcare provider would not have made, the physician may have breached their medical duty of care as described by the National Library of Medicine.
Our legal team may need to consult experts within the medical industry to get an opinion as to whether your healthcare provider made a mistake or error that rises to the level of negligence. For your lawsuit to be successful, we must be able to show that the medical standard of care has been breached. We must also show the healthcare provider’s negligence was the cause of your injuries and substantial damages.
Do You Have a Medical Malpractice Claim for Cancer Misdiagnosis?
If your healthcare provider misdiagnosed you with another medical condition or dismissed your symptoms and you were ultimately diagnosed with cancer, you may have a medical malpractice claim for cancer misdiagnosis. Misdiagnosis or a missed diagnosis is one of the most common types of medical malpractice, according to the Society to Improve Diagnosis in Medicine. Healthcare providers have an obligation to do their due diligence and complete the necessary testing to rule out more serious medical conditions before arriving at what they determine as the diagnosis for a patient.
If your physician failed to refer you to an oncologist, conduct necessary testing, or otherwise misdiagnoses your cancer, you may have the right to file a medical malpractice lawsuit against them. We will carefully review your medical records and consult other healthcare providers to determine whether your physician’s medical mistake amounts to misdiagnosis. If it does, we will be prepared to pursue additional legal action, whether that may be filing a medical malpractice insurance claim or a civil lawsuit.
Can I Be Awarded Punitive Damages?
Yes, though rare, punitive damages can be awarded in Richmond medical malpractice lawsuits. Under Virginia Law § 8.01-38.1, if the defendant’s conduct is malicious, intentional, or shows a wanton or reckless disregard for others, punitive damages may be appropriate. For example, if a surgeon operates on the wrong patient, the surgeon could be ordered to pay punitive damages in addition to the compensatory damages you are entitled to.
However, it is important to know that there is a limit on the amount of punitive damages and medical malpractice lawsuits. For any injuries that occurred after July 1, 1988, the maximum amount of punitive damages that can be awarded in a medical malpractice lawsuit is $350,000. If you are unsure whether punitive damages could be awarded in your case, do not hesitate to consult your medical malpractice attorney in Richmond for answers.
How Much Does It Cost to Hire a Medical Malpractice Lawyer in Richmond?
At MartinWren, P.C., we do not believe you should need to worry about covering the cost of a Richmond medical malpractice lawyer. Instead, we advocate for our clients’ rights on contingency agreements per the Virginia Model Jury Instructions. If we win, we are entitled to a previously agreed-upon percentage of your award, but if we lose, you do not pay a single penny in legal fees.
Get Help from a Medical Malpractice Attorney in Richmond with MartinWren, P.C.
You may not always know whether medical malpractice is the cause of your symptoms, side effects, injury, or illness. But if you have reason to believe your healthcare provider’s mistake or medical error contributed to your poor health, you may have the right to take legal action against them. Connect with a highly experienced medical malpractice lawyer in Richmond with MartinWren, P.C., to explore your options in greater detail.
Our team can hire medical experts and carefully evaluate the evidence in your case to determine whether your doctor’s negligence is the cause of your medical condition. If so, we will do everything in our power to hold them accountable to the fullest extent of the law. Take back control of your health and your life when you contact our legal team to schedule a free consultation by phone or through our secured contact form.
Call 434-817-3100 or complete a Case Evaluation form
