If you or a loved one have been harmed in Virginia due to a doctor or hospital’s mistake or error, you may have legal options available to you. However, before you can take legal action against these healthcare workers, it is crucial to understand what actually constitutes medical malpractice in Virginia and whether you have a viable legal claim. 

Virginia medical malpractice

What Is Medical Malpractice in Virginia?

According to Virginia’s laws, “’malpractice’ means any tort action or breach of contract action for personal injuries or wrongful death, based on health care or professional services rendered, or which should have been rendered, by a health care provider, to a patient.” 

Put more simply, medical malpractice refers to any action or a failure to act by a medical professional that falls below the standard of care for the healthcare profession and causes harm to the patient.

What Acts Can Result in Medical Malpractice in Virginia

There are various acts and behaviors that can qualify as medical malpractice. However, some of the more common examples of actions that result in medical malpractice in Virginia include the following: 

  • Failure to diagnose
  • Surgical errors
  • Misdiagnosis
  • Birth injuries
  • Improper treatment
  • Failure to recognize symptoms
  • Emergency room negligence
  • Not following up after treatment 
  • Failing to monitor a patient
  • Anesthesia errors
  • Improper administration of medication
  • Not obtaining informed consent

However, if you have questions about a specific case or want to further understand your legal options following a medical malpractice incident, consult an experienced Virginia medical malpractice attorney to learn more.

How Do You Prove Medical Malpractice in Virginia? 

To receive compensation for a medical malpractice claim in Virginia, certain factors must first be established. These factors include the following:

  • There was a doctor-patient relationship
  • There was a professional duty owed to the patient
  • The healthcare professional breached this duty, and their actions fell below the standard of accepted care
  • The breach of duty resulted in significant injuries
  • The patient suffered financial losses as a result of the harm

What Compensation Can You Pursue After a Medical Malpractice Incident?

If you were harmed due to a healthcare worker’s actions, you may be entitled to financial damages for the losses and harm you endured. This compensation generally includes payment for:

  • Medical bills, including future medical expenses
  • Loss of income and business opportunities
  • Diminished earning capacity
  • Pain and suffering
  • Disability or disfigurement
  • Loss of quality of life

The Statute of Limitations and Medical Malpractice

In Virginia, patients typically have two years from the date of the medical practice or the date the patient discovered their injury to bring a medical malpractice claim. However, there are numerous exceptions to this rule that can impact this deadline period. For these reasons, if you want to know how much time you have to file your case, contact a skilled medical malpractice attorney as soon as possible to determine exactly how much time you have to file your case. 

Contact Hollingsworth PLLC Today To Review Your Case for Free

If you believe that you or a loved one has been injured due to a doctor’s negligent or reckless actions, contact Hollingsworth PLLC to review your case for free and learn how our dedicated and experienced Virginia medical malpractice attorney can help you.