medical malpractice

The relationship between a patient and their doctor is of utmost importance. Unfortunately, this relationship does not stop mistakes from happening. In truth, medical errors cause numerous problems for patients across the country every year. However, if you have been harmed by a healthcare provider, you may be able to seek compensation for the losses you have suffered. 

To better help you understand these legal options, in the following guide, we will discuss what qualifies as medical malpractice in Virginia and how a skilled medical malpractice attorney can assist you.

What Is Medical Malpractice in Virginia? 

According to Virginia law, medical malpractice refers to any tort action or breach of contract action for personal injury or wrongful death caused by the services rendered by a medical care professional or which should have been rendered by a health care provider. 

What Actions Can Result in Medical Malpractice?

Various behaviors can constitute medical malpractice. However, some of the more common examples include the following:

  • A failure to provide the proper types of medical testing
  • A birth injury that was due to a physician’s negligence
  • The failure to diagnose a common condition properly, such as cancer or an impending heart attack
  • The failure of a doctor to treat a condition
  • Errors in medication

Although the above list provides some of the more common behaviors that can lead to medical malpractice, to better understand what your legal options are if a healthcare professional has hurt you, reach out to an experienced medical malpractice attorney. These legal professionals can review your case in detail and help you understand the options you have. 

How Do You Prove Medical Malpractice?

When it comes to filing a legal claim due to medical malpractice, simply experiencing a negative outcome from a medical treatment, therapy, or surgical procedure is not enough. Generally, several criteria must be met before an individual can take legal action. More importantly, it is unlikely that healthcare professionals will provide an honest explanation when approached for information about what went wrong.

As a result, if you want to pursue a medical malpractice legal claim, the following elements will need to be established:

  • There was a duty owed (this element is usually met in any doctor and patient-relationship)
  • The duty was breached by the healthcare professional, and the care fell below the accepted standard
  • The breach caused the injury
  • The patient suffered some type of monetary loss due to the injury

Establishing each of these elements can be challenging, which is why patients often consult a dedicated medical malpractice lawyer to help with this legal process. 

What Compensation Can You Pursue Following a Medical Malpractice Incident?

If a patient can establish the elements of medical malpractice, they may be able to pursue financial damages for the following losses:

  • Medical expenses, including past and future costs
  • Loss of income and business opportunities
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Funeral expenses 

It should also be noted that there are no guidelines regarding how much money a medical malpractice case will be worth. As a result, every case will depend on its own unique circumstances and the injuries suffered by the patient. Moreover, because medical bills and lost income are not the same in the two cases, each legal claim will be weighted on its own merits to determine what is a fair settlement. 

To Learn More About Medical Malpractice Legal Claims, Contact Hollingsworth Law Today 

If you or a loved one has been harmed by a medical care professional in Virginia and you want to explore your legal options, get in touch with Hollingsworth Law today. We can review your case for free and discuss how our firm can support you in seeking the justice you deserve.