Medical negligence or malpractice occurs when a physician or healthcare provider engages in negligence conduct or fails to take medically necessary steps.
While some acts or omissions may not be enough to constitute negligence, a death or injury caused by the failure to meet minimum standards of care, such as the failure to diagnose an easily detectable illness, may be malpractice.
If you or a loved one suffered from medical malpractice or medical negligence, you deserve to know your rights. Do not hesitate to contact us or visit one of our Virginia personal injury offices in Richmond, Petersburg, Tappahannock, or Fredericksburg to consult with our experienced medical malpractice lawyers.
At Emroch & Kilduff, we thoroughly investigate and pursue claims for catastrophic injuries and death arising from the following types of malpractice, among others.
- Brain and Spinal Cord Injuries
- Birth Trauma
- Failure to Diagnose Cancer or Other Diseases
- Inappropriate or Dangerous Treatment Practices
- Nursing Home Abuse and Neglect
- Pharmaceutical Injuries and Prescription Errors
- Psychiatric/Mental Health Malpractice or Negligence
- Misread Mammograms/Misdiagnosis of Breast Cancer
- How a Virginia Medical Malpractice Lawyer Can Help
Some injuries are especially concerning, as they can impact your ability to do most or all things in your life, such as injuries to the brain or spinal cord. Traumatic brain injuries often happen from accidents or assaults. Still, brain damage can also result from mistakes during labor and delivery, surgical errors, anesthesia errors, medication errors leading to overdose, falls in hospitals, and more. Spinal injuries can also result from surgical mistakes, falls due to hospital negligence, or even birth injuries.
Failure to properly diagnose and treat brain or spinal injuries can also cause serious problems. These injuries can develop serious - and possibly permanent - complications when there is a delay in treatment. Some patients have significantly worse prognoses for such injuries when doctors do not diagnose them as they should.
The birthing experience should be a miraculous moment in which new life enters the world. However, medical malpractice during prenatal care, labor, or delivery, can cause birth trauma and lifelong injuries.
If your child experienced birth trauma due to medical malpractice, you deserve compensation for the damages associated with the trauma, including medical bills, disabilities, pain and suffering, and more. Knowing the full extent of your damages can be difficult, and your medical malpractice attorney can help you determine what you are entitled to for your child’s injuries.
When you experience a failure to diagnose cancer or another disease, you will not begin treatment to target the cancer or disease promptly. Delays in treatment can lead to the advancement of the cancer or disease, often making future treatment more difficult, invasive, and potentially less effective. A failure to diagnose can constitute medical malpractice, and you might be entitled to damages for the injuries associated with the delay in your diagnosis.
Inappropriate or Negligently Performed Surgery
When a surgeon negligently performs a procedure or performs a completely inappropriate surgery, you deserve compensation for the damages associated with the resulting injuries.
Doctors - and especially surgeons - must exercise reasonable care when performing their duties and provide the same standard of care that any reasonable care provider would in the same procedure. This is not always the case, and your medical malpractice attorney can help you collect the evidence you need to accurately measure your damages. Once you know your damages, your medical malpractice attorney can help you collect the full compensation you deserve.
Disfigurement can change how you live your life, whether in terms of your personal life, hobbies and activities, relationships, or work. Changes in your appearance can have significant mental health repercussions and limit your ability to return to the same life as before your injury, which entitles you to compensation for your pain and suffering, reparative surgeries, and any valuable changes in your lifestyle.
Doctors must provide you with a treatment that meets the standard of care established for that treatment. The standard of care is the same level of quality that a reasonable care practitioner would provide for that patient at any medical facility. Your treatment must meet this basic level of quality, or you are entitled to damages for any injuries that result. Collecting expert medical opinions through the network of your medical malpractice attorney will help provide you with the evidence you need to demonstrate how malpractice led to your injuries.
When you or a loved one is in a care facility, you hope that the staff and personnel will properly take care of your family member. Sadly for many residents, this is not always the case. Nursing home abuse is a form of elder abuse that is, unfortunately, on the rise in American society today. If you or a loved one has been the victim of nursing home abuse and neglect, you deserve to hold the facility entirely accountable for resulting injuries and losses.
You trust your doctors and pharmacists to take the time to provide you with the correct prescriptions and medications, respectively. When a mistake happens, you can suffer serious medical harm, including from overdoses, allergic reactions, adverse medication reactions, or not having the medication you need to treat your condition.
Patients generally do not have the knowledge and experience regarding pharmaceuticals to double-check whether their medications and dosage are accurate as they received them. If you received the wrong prescription or pharmaceutical and suffered adverse health effects that needed treatment, contact a medical malpractice attorney today.
A failure to effectively diagnose and/or treat a mental health issue can lead to very real and potentially very negative health developments. If you have experienced a mental health crisis, lost your job due to a poorly managed mental health condition, or received a prescription for a drug that made your condition worse, you could be entitled to compensation.
The purpose of a mammogram is to identify threats and create an opportunity to treat them. When a mammogram fails to identify a problem, the treatment you need for any abnormalities can incur delays, and when you finally start it, the treatment may be more invasive or less effective, causing you injury. You deserve compensation for the associated damages from your preventable injuries.
How a Virginia Medical Malpractice Lawyer Can Help
Your Virginia medical malpractice attorney can help you recover the full damages that you need to fully compensate for all your costs and associated changes in your lifestyle and earning ability. Your attorney steps into your shoes and handles all the negotiations and communications with the insurance companies and their lawyers who will be working against you receiving full compensation.
The insurance companies work for profit and make more by paying you less, which is the goal of their full-time teams of claim specialists and attorneys carefully scrutinizing your claim to find reasons to deny or reduce your compensation.
A medical malpractice attorney handles your claim and the day-to-day stress associated with it so you can focus on recovering from your injuries. Reach out to Emroch and Kilduff at (804) 358-1568 to discuss options for a possible case today.
Medical Malpractice Case Results
- Medical malpractice case settles for $3 million
- Jury verdict of $1.5 million awarded in medical malpractice case
- Malpractice case settles for $900,000
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“Emroch & Kilduff was a great company to help me in my time of need. The staff was very kind and professional. They kept me very informative on everything and were very pleasing and easy to work with. Everyone was very friendly and knew all their information. Definitely would recommend and go back to them for help again. Thank you Emroch & Kilduff for all your time and help.”
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