VIRGINIA MEDICAL MALPRACTICE
Medical malpractice in Virginia is personal injury action for patients injured by the negligence of their healthcare provider. Also known as med mal, the cause of action arises when the healthcare provider fails to provide care consistent with the standards set by the profession and causes harm to a patient as a result. Medical malpractice claims in Virginia can arise from a number of treatment scenarios including:
If a Virginia patient suspects an injury is due to medical treatment recently received, they should contact a medical malpractice attorney prior to taking any action.
Who May Commit Medical Malpractice In New Jersey
In Virginia, any healthcare provider may commit medical malpractice. A healthcare provider is defined as “a person, corporation, facility, or institution licensed by Virginia health care or professional services,” and can include individuals such as physicians, nurses, physical therapists, or any medical employee, or institutions such as hospitals, nursing homes, or medical clinics. Virginia med mal law also includes corporations that operate the facilities or employ the individuals as entities liable for medical malpractice. If a patient has been injured due to medical negligence and is considering filing a claim against their medical provider, they should contact a Virginia med mal lawyer prior to taking any action.
Virginia Medical Malpractice Statute Of Limitations
An injured patient considering a med mal claim in Virginia must file the claim within 2 years from the date of the injury. Virginia courts have interpreted the date of injury to be the date that the medically negligent act occurred, or, in the event of continuous treatment, the date the treatment ended. Should the medical malpractice action be the result of a foreign object left in a patient after surgery, the patient has one year after discovery of the object with a ten-year limit after the surgery as a maximum time frame. If a patient suspects injury as a result of recent medical treatment, they should consult with a Virginia medical malpractice lawyer as soon as possible.
Damage Limitations On Virginia Medical Malpractice Actions
Virginia medical malpractice law established a damage limit on total damages from med mal actions at one-point-five million dollars with a $50,000 increase every year from July 1st, 2000 to July 1st, 2007. On July 1st, 2008 the damage limit increased for the last time by $75,000 to the point where it now sits: two million dollars. This damage limitation covers all compensatory damages (compensating patients for financial loss), or non-economic damages (such as pain and suffering) combined. This means that a patient may recover up to two million dollars total in any medical malpractice action against a healthcare provider. Any patient considering a medical malpractice action in Virginia should consult a Virginia med mal attorney prior to filing any claim.
How to File a Medical Malpractice Claim in Virginia
Filing a medical malpractice claim in Virginia is a difficult process that requires an advanced knowledge of legal writing and procedures, and any injured patient considering a claim should consult a medical malpractice attorney prior to taking any action. A med mal attorney can provide the plaintiff with the legal services necessary to ensure the claim is less likely to be dismissed prior to the plaintiff receiving a fair evaluation of the claim. Additionally, a defendant in a medical malpractice claim in Virginia will have a team of experienced attorneys ready to prepare a well thought out and practiced defense to the claim. In order to protect a claim from dismissal and provide experience to match a defendant’s legal team, a plaintiff should come prepared with a Virginia medical malpractice attorney.
Code of Virginia