Were you or a loved one injured due to medical malpractice at the hands of a healthcare professional in Alexandra, Virginia? If so, you may be suffering and uncertain of whether you can seek some sort of financial compensation for the hardship you’re going through. Along with any physical injuries you’ve experienced, the chances are likely you are also experiencing some degree of emotional trauma which can make it extra difficult to even begin to understand how to start bringing your malpractice claims to light. And really, your main priority should be to focus on your healing process. As a victim of medical malpractice, this is the time when an Alexandria, Virginia medical malpractice attorney can advocate for an injured person or their family members after they’ve been wronged by the medical professionals that were trusted to keep them safe. Our attorneys will handle all aspects of the legal process while you continue to work on your physical and emotional recovery.
To explore your legal options, the attorney you need is a personal injury attorney, specifically, a medical malpractice attorney. The medical malpractice attorneys here at Regan Zambri Long have decades of experience confronting the negligence of medical practitioners in the Alexandria, VA area. Additionally, we have on board the expertise and talent of one of our partners, Jacqueline T. Colclough, a former registered nurse, to share her unique combination of medical and legal knowledge.
Regan Zambri Long has recovered millions of dollars in compensation for our Alexandria clients, which has helped them to rebuild their lives after the negligence and substandard medical care that caused such pain. Further, a consultation with Regan Zambri Long to discuss the details of your Alexandria medical malpractice case and possible legal representation is free. You have absolutely nothing to lose, but a lot to possibly gain.
§ 8.01-581.1 of the Code of Virginia provides that malpractice is defined as “any tort action or breach of contract action for personal injuries or wrongful death, based on healthcare or professional services rendered, or which should have been rendered, by a healthcare provider, to a patient.”
Further, health care is defined as “any act, professional services in nursing homes, or treatment performed or furnished, or which should have been performed or furnished, by any health care provider for, to, or on behalf of a patient during the patient’s medical diagnosis, care, treatment or confinement.”
In other words, medical malpractice is a medical mistake resulting from the negligence of medical professionals or healthcare providers including:
To establish that your personal injury claims constitute a case due to a medical professional’s negligence, it must be proven that:
To be successful in your Alexandria, Virginia medical malpractice lawsuit, you must prove that the healthcare professional who treated you was negligent. According to § 8.01-581.20 of the Code of Virginia:
In any proceeding before a medical malpractice review panel or in any action against a physician, clinical psychologist, clinical social worker, licensed professional counselor, podiatrist, dentist, nurse, hospital, or other healthcare provider to recover damages alleged to have been caused by medical malpractice where the acts or omissions so complained of are alleged to have occurred in this Commonwealth, the standard of care [emphasis added] by which the acts or omissions are to be judged shall be that degree of skill and diligence practiced by a reasonably prudent practitioner in the field of practice or specialty in this Commonwealth and the testimony of an expert witness, otherwise qualified, as to such standard of care, shall be admitted…
Along with your medical records, the testimony of expert witnesses is one of the pillars on which your case stands. The necessary medical expert you will need is someone who practices medicine in the same field and who can help establish that the medical professional in question breached their standard of care and caused the harm you suffered.
The most common types of medical malpractice VA medical malpractice lawyers tackle are as follows:
Diagnostic errors include a missed, delayed, or incorrect diagnosis by your doctor or other medical professionals.
Diagnostic errors result in death or injury to 40,000 to 80,000 patients per year according to the Joint Commission. Diagnostic errors are most common in primary care solo practice due to workload and the inability to cross-reference easily with colleagues. In healthcare institutions, patients are usually seen by many healthcare providers, e.g. attendings, residents, fellows, and medical students) decreasing the chance of diagnostic error. 
Rodziewicz TL, Houseman B, Hipskind JE. Medical Error Reduction and Prevention. [Updated 2022 May 1]. In: StatPearls [Internet]. Treasure Island (FL): StatPearls Publishing; 2022 Jan-. https://www.ncbi.nlm.nih.gov/books/NBK499956/
According to the Society to Improve Diagnosis in Medicine (SIDM), 1 in 3 patients experience a diagnostic error first-hand.
Birth injuries can include harm to the baby and/or to the birth mother. Common birth injuries to babies due to medical malpractice are cerebral palsy, brain hemorrhage, Erb’s Palsy, and respiratory problems. Some common injuries to the birth mother due to medical malpractice are postpartum hemorrhage, ruptured uterus, vaginal lacerations, and post-traumatic stress disorder.
Examples of medication errors include administering the wrong medication or the wrong dose of medication, mislabeling medication, prescribing unsafe medication, and failing to warn about the side effects of medication.
Some of the most common hospital-borne infections are staph infections, bloodstream infections, urinary tract infections, pneumonia, and surgical site infections. Some of the most common hospital-borne infections are staph infections, bloodstream infections, urinary tract infections, pneumonia, and surgical site infections. To be considered medical malpractice, these infections must be proven to have been preventable, and they transpired due to the negligence of a medical professional.
Some examples of surgical errors include surgery on an incorrect organ or body part, damage to an internal organ, nerve damage, or an instrument or piece of gauze left inside a patient.
Not every early discharge from a hospital is negligent or warrants a medical malpractice claim. Sometimes, a patient would have passed away or become ill regardless of whether they stayed in the hospital or not. However, if further harm or death is a direct result of the premature discharge of a patient from a hospital, you could have a medical malpractice claim.
The administering of anesthesia is a precise practice that involves close attention to the medical history and current condition of a patient, open lines of communication among the medical staff, and properly monitored care. Anesthesia negligence can result in anesthesia awareness, nerve damage, heart attack, stroke, spinal cord injuries, asphyxia, damage to the trachea, brain damage, coma, and death.
The population in nursing homes is extremely vulnerable and dependent on the help of the professionals at the facility where they are staying. Under § 32.1-138, the Code of Virginia provides in part that each patient admitted to a facility:
That is, each patient in a nursing home facility is entitled to have an active voice in their own care and the staff at the facility must be adequately trained to uphold the safety and the rights of the patients.
Some common examples of malpractice in a nursing home setting are as follows:
The National Quality Forum (NQF) introduced the term “Never Events” or Serious Reportable Events (SRE) to signify “adverse events that are unambiguous (clearly identifiable and measurable), serious (resulting in death or significant disability), and usually preventable.” The following list consists of the categories of Never Events or Serious Reportable Events and includes grievous incidents ranging from surgery performed on the wrong patient, to artificial insemination with the wrong donor sperm or egg, to assault of a patient.
In essence, damages are how injured victims receive compensation for the malpractice they’ve suffered. There are two types of damages in medical malpractice cases:
Compensatory damages are awarded in personal injury cases to help reimburse the victim for present lost wages, future lost wages, medical bills, and any other just compensation sought.
According to the National Practitioner Data Bank (NPDB), between the years of 2009 – 2018, $694.87 million in medical malpractice payments was spent in the state of Virginia. These numbers put Virginia in the top 15 states to spend the most on medical malpractice payments during that time period.
Punitive damages are much less commonly awarded compared to compensatory damages. Punitive damages are awarded in malpractice cases where a medical professional exhibits willful negligence and they are being punished for their action or inaction as a consequence and/or deterrent.
The medical malpractice attorneys here at Regan Zambri Long understand that the consequences of medical mistakes are often physically, emotionally, and financially devastating. Considering how extensive the impact of a medical mistake can be, injured parties or family members in Alexandria, Virginia should seriously explore their options for pursuing compensation. We recognize this won’t reverse the mistake, but it can make it easier to cope with some of the effects of the negligence and allow for a focus on recovery.
Physical consequences in medical malpractice cases may include:
Emotional trauma resulting from medical malpractice may include:
Financial consequences of medical malpractice cases may include:
Under § 8.01-243 of the Code of Virginia, in the state of Virginia, a two-year statute of limitations applies for most medical malpractice claims. This means that a medical malpractice case needs to be filed within two years from the date of the injury. The law, however, allows for an extension of the two-year statute of limitations in specific instances.
Because of the variances in the law, it’s best to consult with an Alexandria, VA medical malpractice lawyer to determine and confirm whether you’re within the proper timeframe to initiate your medical malpractice claim. Contact Regan Zambri Long for a free consultation today. Our experienced medical malpractice attorneys will guide you through the timelines.
Likewise, it is key to hire an experienced medical malpractice attorney who has successfully handled cases similar to yours. A skilled attorney will know how to investigate the details of your case to prove hospital negligence and/or any type of medical negligence. If you win your case, you may receive compensation for loss of income, medical bills, emotional suffering, and other expenses related to your injury.