Medical malpractice cases occur when patients suffer injuries due to the negligence of a healthcare provider. This negligence can manifest in various ways, such as misdiagnoses, surgical mistakes, and substandard treatment. When a medical malpractice case goes to court, the judge’s or jury’s decision can greatly influence the injured party’s financial circumstances. Compensation amounts can vary significantly, often reaching hundreds of thousands or even millions of dollars, depending on factors such as the severity of the injury, its effect on the patient’s quality of life, medical expenses, lost wages, and other damages. However, the plaintiff’s ultimate financial outcome depends on each case’s circumstances. This is why no two medical malpractice cases are alike, and results can vary greatly based on the details of the incident, the evidence presented, and the legal arguments made.
What Are the Most Common Medical Malpractice Claims?
Medical malpractice occurs when a healthcare provider—be it a medical facility, emergency room, nurse, oncologist, physical therapist, or other healthcare professional—makes a mistake that causes harm to a patient. These mistakes can have substantial physical, emotional, and financial repercussions for patients and their families, potentially leading to legal actions against those at fault. Some of the most common types of medical malpractice claims include the following:
- Delayed diagnosis
- Misdiagnosis
- Surgical errors
- Providing the incorrect medication or dosage
- Anesthesia errors
- Inadequate pre-operative or post-operative care
- Birth injuries
- Using unsterilized medical instruments
- Neglecting to treat a diagnosed condition
- Misinterpreting diagnostic test results
Recent Medical Malpractice Cases in Virginia
Butts-Franklin v. Rodrigue
A patient had surgery on their wrist and was advised to keep the surgery site dry until the sutures were removed. Although the patient reported redness and warmth in this location, the doctors did not follow up on these concerns. Once the sutures were removed, no infection was found. However, the patient subsequently visited an ER, where issues were detected. This resulted in further surgeries and loss of hand functionality. The patient incurred considerable medical expenses, which led to a lawsuit and a jury award of $1.1 million. (Norfolk 2024)
Stead v. Bon Secours
An ex-nurse had colon resection surgery to address abdominal pain. Although a recovery was anticipated, a significant increase in her white blood cell count four days after surgery indicated an infection. However, the surgeons neglected to prescribe medication or request a CT scan, which might have identified an intestinal leak. This mistake led to the patient dying from septic shock caused by multiple organ failure. Following deliberation, the jury awarded the patient’s family $2.2 million in malpractice damages. (Norfolk 2023)
Plaintiff v. Defendant
A 50-year-old man was saved from a house fire, suffering from carbon monoxide poisoning and inhalation injuries. He was initially treated in the ER, where a doctor inserted an endotracheal tube to help the individual breathe. However, the tube was mistakenly removed and reinserted into the esophagus instead of the trachea, leading to oxygen loss and a fatal hypoxic cardiopulmonary arrest. Following this incident, his family filed a lawsuit against Southern Virginia Regional Medical Center. Expert testimony confirmed that this placement error violated standard care practices. Despite the defense’s assertion that the fire injuries were fatal, the jury in Chesterfield County awarded $5 million to the decedent’s family. (Chesterfield County 2024)
Although these cases will not compute settlement payouts for every claim, they can offer insights into how judges and juries evaluate malpractice claims in Virginia.
Contact Hollingsworth Law Today To Learn More
If you or a loved one suffered an injury due to a doctor’s negligent actions and you want to learn more about your legal options, do not hesitate to contact Hollingsworth Law today.