Fredericksburg Medical Malpractice Lawyer
When you seek professional medical attention, whether from a hospital, doctor’s office, specialist, or any other type of health facility, you have the fair and reasonable expectation that you will receive high-quality care. The last thing you expect is that getting treatment will actually injure you in some way or make your medical condition worse.
All too often, however, that is exactly what happens. Medical errors, medical negligence, misdiagnosis, and medical malpractice remain serious problems in Virginia and throughout the United States. Shockingly, researchers have found that medical errors are now the third leading cause of death in the U.S., behind only heart disease and cancer.
At Emroch & Kilduff, our Fredericksburg medical malpractice attorneys have over forty years of experience assisting malpractice and negligence victims in Virginia. If you or a loved one sustained damages due to medical malpractice, we can help. Please reach out to our Fredericksburg office today at (804) 358-1568 to schedule your free initial legal consultation.
Virginia Medical Malpractice: What Is It?
Under the law, all medical professionals—such as doctors, nurses, specialists, dentists, hospital, physician’s assistants, pharmacists, and hospital administrators—have a legal duty to look out for the health and safety of their patients. When they fail to live up to this duty, extremely serious injuries or death can occur.
If a medical professional has fallen short of the required standard of care when treating you or your loved one, then he or she is negligent. When negligence causes damage to a patient, it becomes medical malpractice. To prove medical malpractice in Fredericksburg, Virginia, your attorney will need to be able to establish each of the following four elements:
A doctor-patient relationship existed between you and the medical professional in question.
- The medical professional breached the required standard of care.
- The medical professional’s breach of the standard of care caused your injuries.
- You suffered real harm that is eligible for monetary compensation.
- Understanding the Standard of Care in Medical Malpractice Claims
Of the four required legal elements of medical malpractice, the most difficult to prove, and the most fiercely litigated, is typically the standard of care. Specifically, disputes often arise over what the standard of care is in a given situation and whether the medical professional breached it.
Except in the most egregious of cases, proving that a health provider violated the required standard of care will be challenging. You should always work with an experienced Fredericksburg medical malpractice lawyer who has the skill and experience needed to address this issue. The standard of care is also sometimes referred to as the “ordinary standard of care.” This fact is worth highlighting, as it provides insight into what the standard of care actually is in a medical malpractice case. Essentially, all medical professionals have a legal duty to provide you with treatment that is at least as good as the care you would receive from the ordinary medical professional under similar circumstances in Virginia.
For example, assume that a patient went to see a doctor for their annual check-up. Unbeknownst to this patient, cancer has recently developed in his lungs. As the key to treating cancer is catching it as early as possible, we would all hope that the doctor in question would be able to diagnose this condition immediately so that the patient could start receiving treatment. However, in this situation, assume that the doctor failed to detect the lung cancer. Is this doctor guilty of medical malpractice? Ultimately, it depends on how easy it was for the doctor to diagnose cancer. Would most doctors in Virginia have figured it out? If so, then this doctor has committed medical malpractice by failing to diagnose this patient. Would very few doctors in Virginia have detected cancer? If so, then this doctor may not have done anything wrong at all.
Four Common Types of Virginia Medical Malpractice
Medical negligence and medical malpractice can come in a wide variety of different forms. Ultimately, context is everything. However, if you believe that you were in any way injured or damaged by the treatment you received from a medical professional, you must have your case reviewed by a qualified legal professional. A list of some of the most common examples of medical malpractice that our team has seen includes:
- Errors related to diagnosis: With many medical conditions, early detection is critical. Indeed, quick detection of an illness or condition can save lives. Doctors have a duty to diagnose medical conditions properly and in a timely manner. Misdiagnosis, failure to diagnose, and delayed diagnosis are all common types of medical malpractice.
- Surgical errors: Surgery has inherent risks. As such, surgeons and their support teams must always pay the utmost attention to safety when a patient is going under the knife.
- Anesthesia errors: Anesthesia is extremely valuable, as it can make painful medical operations somewhat tolerable. Still, it also involves dangerous, even lethal, drugs. It must always be administered in the proper manner.
- Medication errors: Similarly, medication, while life-saving, can also be dangerous if not administered properly. Medical professionals must always ensure that their patients receive the correct medicine in the right dosage.
Compensation for Medical Malpractice Victims
Medical malpractice and medical negligence can result in tremendous damage to the victim, and in the very worst cases, can even lead to death. If you or a loved one was affected by medical malpractice in Virginia, our Fredericksburg attorneys can help. Specifically, we may be able to help you seek financial relief for:
- Any related medical expenses
- Long-term disability or permanent physical damage
- Lost wages or diminished earning capacity
- Pain and suffering or mental anguish
- Wrongful death damages
- Misdiagnosis of breast cancer
- Misread mammograms
Get Medical Malpractice Assistance Today
At Emroch & Kilduff, our experienced personal injury lawyers have the skills and experience needed to handle complex medical malpractice claims.
If you or a family member has been a victim of medical malpractice or medical negligence in Fredericksburg, Virginia, please do not hesitate to call us today at (804) 358-1568 to set up a free review of your claim.