Richmond Medical Malpractice Lawyers
You trust your healthcare provider to meet certain professional and ethical standards and act in your best interest. But when their actions cause you harm, you may wonder what rights you have to hold your healthcare provider accountable.
At Allen & Allen, we understand the pain, frustration, and confusion that often accompany cases of medical malpractice. As dedicated Richmond medical malpractice attorneys, our mission is to provide you with the compassionate support and unwavering advocacy you need during this challenging journey.
Your well-being is our priority, and we’re here to seek compensation for the harm you suffered and the justice and closure you deserve.
Richmond Medical Malpractice Guide
- Why Choose Allen & Allen for Your Medical Malpractice Claim?
- How Much Does a Medical Malpractice Lawyer Cost?
- What is Medical Malpractice?
- How is Negligence Established in a Medical Malpractice Case?
- What Damages Available in a Medical Malpractice Lawsuit?
- Is There a Deadline for Filing a Medical Malpractice Claim in Richmond, Virginia?</
- Contact the Rideshare Accident Lawyers at Allen & Allen Today
Why Choose Allen & Allen for Your Medical Malpractice Claim?
Allen & Allen is a personal injury law firm established over 110 years ago to help accident victims seek justice against those who harmed them. Rooted in integrity, respect, commission, and trust, our firm has remained committed to those same values since 1910.
Through the decades, we have recovered millions of dollars for our clients to help them manage the financial fallout from their injuries. We have the experience and resources to fight large corporations and their insurance companies, but our compassionate team of lawyers never lose sight of what’s important — our clients’ best interests.
Contact the medical malpractice attorneys at Allen & Allen today for your free and confidential case consultation. Let’s discuss your case and your options for financial recovery.
How Much Does a Medical Malpractice Lawyer Cost?
Medical malpractice claims can be complex and emotionally charged. You don’t need the added stress of legal bills. When you retain the legal services of Allen & Allen, you pay no upfront costs. Our fee comes out of the compensation we recover for you in your case. We offer a free initial case consultations during which we can explain how our fees work.
We’ll also explain how hiring us to represent you is an investment. Your fight becomes our fight, and we will work tirelessly to ensure your rights are protected, the insurance company treats you fairly, and that you obtain the justice and compensation you need.
Research by the Insurance Research Council has found that people who hire lawyers to handle their injury claims cover about 40% more compensation compared to those who handle their own claims. That’s because, as experienced personal injury lawyers, we understand the rights of accident victims and the compensation you deserve when you or a family member is harmed by the wrongdoing of others.
What is Medical Malpractice?
Medical malpractice refers to a situation where a healthcare professional fails to provide a standard of care that meets the accepted medical standards, resulting in harm or injury to a patient. This negligence or substandard care can occur in various forms, including misdiagnosis, surgical errors, medication errors, failure to obtain informed consent, and more.
These cases can result in lawsuits in which patients seek compensation for their injuries, medical expenses, and other losses.
Not all medical mistakes or unfavorable medical outcomes are considered medical malpractice. In some cases, errors may occur despite proper care and within the accepted standard of care. In other instances, you may not know for sure if you have a case. When in doubt, contact a medical malpractice lawyer from Allen & Allen to discuss your case and whether you have grounds to take legal action.
Types of Medical Malpractice
Medical malpractice can take various forms, and it’s not limited to a single type of error or negligence.
Some common types of medical malpractice include:
- Misdiagnosis or Delayed Diagnosis
- Surgical Errors
- Medication Errors
- Birth Injuries
- Anesthesia Errors
- Failure to Obtain Informed Consent
- Negligent Postoperative Care
- Radiology and Imaging Errors
- Emergency Room Errors
- Nursing Home Neglect and Abuse
- Psychiatric Malpractice
- Failure to Refer to Specialists
- Dental Malpractice
- Infections and Contaminations
Who is Subject to a Medical Malpractice Claim?
You can bring a medical malpractice claim against various individuals and entities involved in providing your healthcare.
The specific parties subject to a medical malpractice claim can include:
- Physicians and Surgeons
- Nurses
- Hospitals
- Pharmacists
- Anesthesiologists
- Dentists and Oral Surgeons
- Specialists
- Nurse Anesthetists
- Mental Health Professionals
- Midwives and Nurse-Midwives
- Nursing Homes
- Long-Term Care Facilities
- Medical Laboratories and Radiology Centers
- Pharmaceutical Companies
How is Negligence Established in a Medical Malpractice Case?
Medical malpractice cases often require the expertise of legal professionals and medical experts to establish negligence and pursue a successful outcome.
A lawyer with Allen & Allen may take the following steps to establish negligence in your case:
- Gather Evidence: Your attorney will gather all relevant medical records, documents, and evidence related to your treatment, including your medical history, diagnostic tests, treatment plans, and communications with the healthcare provider.
- Consult with Experts: Medical malpractice cases often require the testimony of expert witnesses. We may consult medical experts who can review your case and provide professional opinions on the standard of care, the breach of that standard, and the causal connection between the breach and your injuries.
- File a Lawsuit: If you and your attorney believe you have a valid case, a lawsuit will be filed against the healthcare provider.
- Discovery: Both parties will engage in the discovery process, which involves sharing information and evidence related to the case. This may include depositions, interrogatories, and requests for documents.
- Negotiation or Trial: Many medical malpractice cases settle out of court through negotiation or mediation. If your doctor or their insurance company will not settle, the case may proceed to trial, where we can present the evidence and expert testimony before a judge and/or jury.
- Verdict or Settlement: The case will result in either a court verdict or a settlement agreement. If the court finds in your favor, you may recover compensation for your damages.
What Damages Available in a Medical Malpractice Lawsuit?
In a medical malpractice lawsuit, economic and non-economic damages may compensate the injured party (plaintiff) for the harm and losses they suffered due to the negligence of a healthcare provider.
Economic Damages
Economic damages represent the financial losses and expenses that a specific dollar amount can quantify.
Common examples of economic damages include:
- Medical Expenses: This includes the cost of medical treatment, hospital stays, surgeries, medications, rehabilitation, therapy, and any other necessary healthcare services directly related to the malpractice injury.
- Lost Income: If the malpractice has resulted in the inability to work, lost wages, or reduced earning capacity, the plaintiff may recover compensation for past and future income losses.
- Out-of-Pocket Expenses: This category covers expenses such as transportation costs
Non-Economic Damages
Non-economic damages encompass the losses that are more subjective and challenging to quantify with a specific monetary value.
Common examples of non-economic damages include
- Pain and Suffering: This type of damages compensates the plaintiff for the physical and emotional pain and suffering they endured due to the malpractice.
- Emotional Distress: Compensation for emotional distress resulting from the malpractice, which may include anxiety, depression, and other psychological trauma.
- Loss of Consortium: In some cases, a spouse may recover damages for the loss of companionship, intimacy, and support due to the malpractice injury.
- Loss of Enjoyment of Life: This addresses the impact of the injury on the plaintiff’s ability to enjoy life, engage in hobbies, or participate in previous activities.
- Disfigurement or Scarring: Compensation may pay for physical disfigurement or scarring resulting from the malpractice.
Is There a Deadline for Filing a Medical Malpractice Claim in Richmond, Virginia?
Yes, there is a deadline, known as a statute of limitations, for filing a medical malpractice claim in Richmond. In Virginia, the standard statute of limitations is generally two years from the date of the injury. If you miss this deadline, you will be unable to seek compensation through the court system.
The discovery rule allows for an extended statute of limitations when the injury or malpractice does not immediately manifest. In such cases, the two-year clock starts when you should have reasonably discovered the injury, rather than the date the malpractice occurred.
For medical malpractice cases involving very young children, the statute of limitations will not lapse before the child turns 10. So, the two-year deadline for filing a suit on behalf of a young child does not officially start until their eighth birthday. For cases involving children older than eight, the same two-year statute of limitations applies to children and adults.
Virginia also has a statute of repose, which places an absolute cap on when plaintiffs can file medical malpractice claims. In Virginia, the statute of repose generally prevents any medical malpractice claim filed more than 10 years after the alleged malpractice, regardless of when it was discovered.
Statute of limitations laws for medical malpractice can be complex, which is why it’s important to consult a lawyer as soon as you become aware that medical malpractice has occurred to ensure you don’t miss any important deadlines.
Contact a Richmond Medical Malpractice Lawyer at Allen & Allen Today
Malcolm P. McConnell, Medical Malpractice Attorney in Richmond
Were you or a loved one a victim of medical malpractice? You don’t have to navigate this challenging journey alone.
The experienced Richmond medical malpractice attorneys at Allen & Allen are here to advocate for your rights, hold those responsible accountable, and secure the compensation you deserve.
If you or a loved one has been a victim of medical negligence, your time to act is limited. Contact our Richmond personal injury lawyer today at (866) 552-5683 for your free consultation and take the first step toward finding the answers, closure, and justice you seek. Your well-being is our priority, and we’re here to fight for you. Let’s start your path to justice together.
Our Richmond office
Allen, Allen, Allen & Allen
1809 Staples Mill Road
Richmond, VA 23230