Talented Medical Malpractice Injury Attorneys Serving Virginia
Medical malpractice injuries are among the most devastating and unexpected injuries. When you seek treatment from a medical professional, you trust that you will be in well-trained and reliable hands. However, doctors are often guilty of negligence during even the most routine medical procedures. A medical malpractice injury occurs when a doctor or nurse's negligence results in harm. The negligence can be a poor medical decision, unsafe form of treatment, or even forgetting an instrument inside of a patient during surgery.
Due to the prevalence of medical malpractice in Virginia, doctors are required to carry medical malpractice insurance. Even the best doctors make mistakes sometimes, and medical malpractice claims are some of the most common personal injury claims in Virginia courts. The medical industry has invested heavily attempting to shield themselves from malpractice claims.
For example, the amount that can be recovered from a negligent medical professional is limited by law. Virginia Code 8.01-581.15 states the amount recoverable in medical malpractice cases, and this amount is controlled by the date of the alleged negligent act. For malpractice acts that occurred between July 1, 2013 through June 30, 2014, the cap is $2.10 million. For malpractice acts that occurred between July 1, 2015 through June 30, 2016, the cap is $2.20 million.
When you have been injured by a doctor or nurse's negligence, call the skilled medical malpractice attorneys at The Stellute Law Firm to help you explore your options, and argue for compensation at trial.
To schedule an appointment, call (757)722-2815 to arrange for a time to meet with one of our experienced personal injury attorneys at our Hampton Roads law firm.
Negligence
Medical malpractice claims are overwhelmingly premised upon the legal theory of negligence. In a medical malpractice case, the plaintiff must prove:
1. A medical professional was in charge of caring for the victim;
2. The medical professional's treatment or lack of treatment deviated from the standards and norms widely accepted by the medical community; and
3. The medical professional's treatment or lack of treatment caused injury to the victim.
Types of Medical Malpractice Claims
Patient injuries can occur in a variety of settings, such as doctors' offices, ambulances, nursing homes, and hospitals. In addition, medical malpractice is not limited solely to doctors. Nurses, aides, hospital administrators, and orderlies can also be sued for malpractice. Common types of medical malpractice include:
Misdiagnosis: The medical professional either fails to accurately diagnose a condition or completely misses obvious signs of a condition.
Birth injuries: The doctor is slow to act or makes a wrong decision during the birth of a child, causing temporary or permanent injuries to the child and/or the mother.
Surgery issues: The doctor leaves a foreign body, such as a scalpel, inside of the patient during surgery or the doctor is careless during surgery, causing significant damage.
Prescription medication issues: The doctor prescribes the wrong medication or fails to properly address adverse side effects.
Damages in Medical Malpractice Cases
Medical malpractice law is designed to make victims whole again through damages. Damages cover both economic and non-economic injuries. Damages include:
Past and Future Medical Expenses
Past and Future Lost Wages
Pain and Suffering
Punitive Damages
Our Hampton Roads Medical Malpractice Litigators Can Educate You on Your Options
Medical malpractice injuries are traumatic and physically painful. At The Stellute Law Firm, we understand how life-altering these unexpected injuries can be for victims. Let our skilled medical malpractice lawyers handle all aspects of your case in order to provide you with peace of mind, including reviewing potential claims, investigating fault, negotiating with medical professionals, and preparing for trial. Find out why The Stellute Law Firm is called "The One to Know."
For a free consultation, call The Stellute Law Firm at (757) 722-2815 to schedule an appointment.
34 Wine Street, Hampton, Virginia 23669
Serving Hampton, Newport News, James City County, York County, Williamsburg and all of Hampton Roads, VA.
