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We trust medical professionals to take care of us and put our health as their top priority. When a physician, nurse, or other medical practitioner causes an injury through negligence, the results can be devastating and life-altering. Medical malpractice injuries can lead to prolonged physical and mental pain for the victim, and even result in serious permanent disabilities or wrongful death.
If you were the victim of medical negligence, you will need the right Fairfax medical malpractice attorney behind you to prove your claim. At Regan Zambri Long PLLC, we have the resources you need to help fight for the compensation you deserve.
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Medical malpractice is a broad category covering a wide range of negligence presentations. Doctors, nurses, physicians, home health care providers, and physical therapists can all be considered liable parties in different medical malpractice cases. Below are some of the most common types of medical malpractice cases we represent at our firm.
Diagnosis errors or negligence is one of the most common forms of medical malpractice. Doctors may fail to properly diagnose a condition, or they may brush over symptoms and otherwise delay making a crucial diagnosis for a patient.
Such mistakes can severely limit a patient’s treatment options and outcomes. In the case of a misdiagnosis, a patient may undergo treatment procedures that are unnecessary at best and outright damaging at worst. When a diagnosis is delayed, a progressive disease like cancer may progress to the point where a patient’s life is put at risk unnecessarily and the patient is required to go through more extensive treatment than if the disease was caught properly.
Any surgery comes with its risks, and mistakes can and do happen during surgery. However, “surgical errors” are often preventable mistakes caused by a surgeon’s negligence. Surgeons have a duty of care to ensure the safe handling of their patients.
One of the most common types of surgical errors is tools being left in a patient’s body. Surgeons are required to take inventory of all surgical equipment before and after surgery, and they must keep track of all tools being used at any given time. However, sponges, scalpels, and other implements can be missed, discovered only later when the victim suffers an internal injury or infection as a result.
Other common surgical errors include issues with sterilization or the application of anesthesia.
Failure to treat is an umbrella term for any instance of a medical professional neglecting their duty to care for a patient. Misdiagnosis can be considered a specific form of failure to treat. Additionally, doctors may quickly make a diagnosis but fail to provide the correct treatments or medication to the patient. Doctors may make a poor judgment call and discharge a patient too soon or fail to follow up when required.
Birth injuries, or obstetrical malpractice, are a particularly devastating form of medical malpractice for families. Families will put their trust in a doctor or medical professional throughout pregnancy and birth, only to have that trust violated and see their infant injured or killed through medical negligence.
Birth injuries can happen as a result of:
Any one of these incidents can lead to brain, nerve, and spinal cord injuries in a newborn child. They can also lead to neonatal strokes, one of the leading causes of cerebral palsy.
Errors in prescribing medications can have severe consequences for patients. A healthcare professional may prescribe the wrong medication for treating a patient’s medical issues. The patient may receive the wrong dosage of a medication, or they may receive incorrect or unclear instructions on how to take the medication. Medical professionals may also fail to properly warn a patient about medication risks or drug interactions.
When it comes to a medical malpractice lawsuit, you have the burden of proof as the victim. To pursue a medical malpractice claim, you need to be able to prove the following:
If your child was harmed by medical malpractice, and they are under the age of 18, you would have to file the lawsuit and prove these aspects on their behalf.
All of these aspects can be difficult to prove without the assistance of an experienced attorney. You would need to reach out to a medical expert to demonstrate a doctor’s actions directly caused your injuries. You would also need to understand how the law classifies doctor-patient relationships.
Medical malpractice cases do not have set amounts for damage recovery. Compensation can vary widely depending on the details of each case.
In a medical malpractice claim, you can recover damages for:
Many states have damage caps for medical malpractice cases. As of 2023, the state of Virginia has a statutory limit of $2.6 million for all medical malpractice personal injury cases.
Medical malpractice cases do not have set amounts for damage recovery. Compensation can vary widely depending on the details of each case.
In a medical malpractice claim, you can recover damages for:
Many states have damage caps for medical malpractice cases. As of 2023, the state of Virginia has a statutory limit of $2.6 million for all medical malpractice personal injury cases.
Like many personal injury cases, there is a statute of limitations on when a victim can file a medical malpractice case. The Commonwealth of Virginia offers two years from the date the injury occurred to medical negligence victims. Filing after this time can prevent you from collecting damages on your claim.
Even if you are still well within the two-year time limit, it is important to reach out to a Fairfax medical malpractice attorney as soon as possible after discovering your injury. Delaying in starting your claim can make it much more difficult to prove your injuries were directly related to medical malpractice.
At Regan Zambri Long PLLC, we have the resources you need to prove your medical negligence claim. Our partner, Jacqueline T. Colclough, has handled thousands of medical malpractice cases in Fairfax and surrounding areas. She is also a trained nurse, offering a unique perspective on medical malpractice cases.
We have helped our clients achieve significant settlements and verdicts in medical malpractice cases. Speak to our firm today to learn more about how we can help you.
