Petersburg Medical Malpractice Lawyer
When negligence causes an individual to suffer an injury, the negligent party is often liable for the victim’s damages. In other words, the party whose negligent actions caused injury may be required to financially compensate the victim for the expenses she incurs because of her injury. This is true in nearly any situation where one party’s negligence leads to another’s injury. When a physician or another type of healthcare professional causes a victim to suffer an injury or a worsened medical condition through negligence, the victim may seek compensation for his damages through a medical malpractice claim.
Medical malpractice claims are often grouped with personal injury claims, but there are a few key aspects of medical malpractice claims that set them apart from other types of negligence claims. Every medical procedure has what is known as a standard of care: a set of precautions and actions a health care provider should reasonably take when preparing for, performing, managing, or following up after a procedure. When a healthcare provider deviates from this standard of care, she has committed medical malpractice, and her victim may seek financial compensation for any resulting damages.
Types of Medical Malpractice Cases We Handle
Our team handles the following types of medical malpractice cases:
- Birth injuries
- Spinal cord injuries
- Surgical errors
- Nursing home abuse and neglect
- Disfigurement due to medical error
- Inappropriate or dangerous treatment
- Delayed or incorrect diagnosis
- Drug errors
- Dangerous or inappropriate mental health care treatment.
In some cases, a physician is the negligent party. In others, injuries arise because of nurses’ or other hospital staff members’ negligence. In yet other cases, injuries and worsened conditions arise because of a hospital’s negligence or a drug or medical device manufacturer’s error.
Ways You Can Be Injured by Medical Malpractice
An act of medical malpractice can leave you bruised, scarred, or burned. It can also leave you paralyzed, disabled, facing a significantly worsened medical condition, or even dead. These injuries and their complications can shorten your lifespan and negatively impact your quality of life, sometimes interfering with your ability to work. In other cases, they can cause daily tasks, such as driving and performing chores, to be difficult for you to perform.
Seeking Compensation for Your Medical Malpractice Damages
Not all medical injuries are due to health care provider negligence; sometimes, a health care provider can do everything correctly, and the patient can still suffer an adverse reaction or an injury. It is only when the health care provider is deemed to be negligent and this negligence directly causes the victim’s injury or worsened condition that the patient has grounds for a medical malpractice claim.
Like other types of personal injury claims, a medical malpractice claimant must provide evidence to support his or her claim. This evidence should demonstrate the negligence of the healthcare provider and the dollar amount of the victim’s damages. These damages can include your medical bills, your lost wages, and any noneconomic expenses you experience—known collectively as “pain and suffering damages.” Evidence to support a medical malpractice claim can include:
- Medical bills for any necessary corrective treatment
- Documentation of your lost wages and missed career opportunities due to time out of work or a disability related to the injury
- Photographs of your injury
- Documentation to support your claim of healthcare negligence. In a case alleging an incorrect diagnosis, documentation of the original diagnosis is necessary to support the claim. In a case alleging insufficient follow-up care, documentation showing your discharge and a lack of further engagement from the health care provider is necessary.
- Bills for other expenses related to your injury, such as your need for transportation or hired domestic help during recovery, or psychological counseling to overcome the emotional trauma of your injury.
- Documentation to support any claims of reduced quality of life in your future
When an act of medical negligence results in a patient’s death, the patient’s loved ones may file a wrongful death claim to recover compensation for the damages they and the victim’s estate experienced related to the death.
Your lawyer can help you gather the right evidence and use it to support your claim. Your lawyer can also ensure that your claim is filed within Virginia’s statute of limitations for medical malpractice claims, which is two years from the date of your injury. In cases involving medical equipment left inside patients, the statute of limitations is one year from the date by which the patient discovered or reasonably should have discovered the implanted device.
In Virginia, there are caps on how much compensation a medical malpractice claimant can receive. The amount of the cap differs depending on the . For example, for malpractice that occurred in May of 2017, a victim cannot recover more than $2.25 million for his or her damages.
Work with an Experienced Petersburg Medical Malpractice Lawyer
If you are suffering from an injury, a worsened condition, or a completely new condition because of a health care provider’s negligence, you could be entitled to recover monetary compensation for your damages through a medical malpractice claim. To learn more about filing and pursuing a medical malpractice claim, contact our team of experienced Petersburg medical malpractice lawyers at Emroch & Kilduff, LLP today to set up your free, confidential legal consultation with us. During our consultation, we can help you determine the most productive way to move forward with your case.