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If you or a loved one experienced harm while under the care of a healthcare professional in Richmond, Virginia, contact Regan Zambri Long for a free consultation with an experienced Richmond medical malpractice attorney. Our lawyers will help determine if you have a medical malpractice case and explain your legal options.
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We trust medical professionals to know what they’re doing and to use their intensive training to keep us safe to the best of their abilities. Sadly, this is not always the case. Legitimate mistakes are sometimes made, but avoidable medical errors are also made, and that is where a medical malpractice claim should be made with the help of a Richmond medical malpractice lawyer, and the healthcare professionals must be held responsible for their reckless conduct.
The personal injury attorneys at Regan Zambri Long have decades of experience with medical malpractice lawsuits and advocating for injury victims of medical malpractice. Millions of dollars have been won as financial compensation for the damages our clients have endured when under the care of Richmond medical healthcare workers. Contact us now for a free consultation with our Richmond personal injury lawyers.
Medical malpractice occurs as the result of a negligent act at the hands of a healthcare professional. Due to medical negligence, a patient can experience damages that would not have otherwise occurred if not for the subpar medical treatment received. The medical error that occurred must have resulted due to the violation of the standard of care by a medical professional.
The standard of care refers to the “degree of care a prudent and reasonable person will exercise under the circumstances.” To establish that the standard of care has been breached, it must be proven that the injuries sustained by the victim would not have occurred if the healthcare professional had upheld their duty of care.
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 health care 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 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…Any healthcare provider who is licensed to practice in Virginia shall be presumed to know the statewide standard of care in the specialty or field of practice in which he is qualified and certified.
To determine if a healthcare professional owed a duty of care and that it was breached causing otherwise preventable injury, contact our Richmond medical malpractice lawyers for a free consultation to determine if you have a valid medical malpractice claim.
Some incidents are a result of medical malpractice while most other incidents are not as cut and dried. Likewise, Virginia medical malpractice cases are challenging and require the attention of a skilled medical malpractice lawyer with personal injury experience, and specifically, medical malpractice experience.
To prepare a malpractice claim, medical malpractice lawyers must:
According to § 8.01-581.1 of the Virginia Code:
“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.
Some common examples of medical malpractice are as follows:
Causes of injuries or death from anesthesia malpractice can include pre-operation errors, e.g. improper communicaton with the patient about their medical history or their pre-operative anethesia restrictions. Additionally, dosage miscalculations and inadequate monitoring during surgery are common reasons for anesthesia malpractice.
Surgical mistakes causing unreasonable and preventable harm to patients can include surgery on the wrong body part or organ; leaving a foreign object such as a surgical instrument or sponge inside the patient’s body; nerve damage; or damage to an internal organ.
Harm to an emergency room patient constituting medical malpractice often includes misdiagnosis, delayed treatment, failure to order and perform proper testing, or distribution of the wrong medication.
Injury to the brain caused by preventable physical damage during the childbirth process.
HIE occurs when a baby does not receive enough oxygen or blood flow to the brain. HIE can potentially cause cerebral palsy, epilepsy, different levels of developmental disabilities, or death. While all cases of HIE are not caused by medical malpractice, there are situations when the harm caused is directly related to the actions of a medical professional.
During childbirth, brachial injuries plexus most commonly occur from excessive lateral traction on the baby’s head during the birthing process. This excessive traction to free the baby’s shoulder can pull the baby’s head causing injuries and resulting in Brachial Plexus Palsy or Erb’s Palsy.
During a pregnancy, you will usually make frequent visits to the doctor for testing and monitoring of the baby as well as keeping your health under observation. During this time, if a doctor fails to give you proper prenatal care and there are injuries to you or your baby during childbirth due to this failure, a case could be made for medical negligence.
Additionally, during childbirth, a mother can experience distress if a doctor failed to recommend a Cesarean section (C-cection) if appropriate; if they induce labor too soon or too late; or if an inserted epidural needle results in nerve damage due to improper insertion.
Incorrect medication will not always cause injury to a patient. However, there are various ways in which medication errors are made and constitute medical malpractice if a patient contracts a serious illness or in some cases, dies.
Some common examples are that the wrong dosage of a medication, or the wrong medication altogether, is prescribed; a medication is mislabeled; or the patient’s medical history is not properly taken into account when prescribing a particular medication.
Hospital acquired infections are not uncommon during hospital stays. Furthermore, after certain dental procedures, people can become prone to infections. An infection after a hospital stay or a dental procedure does not automatically mean the injured person is a medical malpractice victim because sometimes infections do naturally occur.
In order to have a valid claim, an experienced medical malpractice attorney must prove that the infection occurred due to substandard medical care, a lack of preventative proper care, poor hygiene or sanitation, or that the infection was not properly diagnosed despite the patient showing signs of illness.
According to § 8.01-243 of the Virginia Code, a medical malpractice lawsuit must be filed within two years from the date on which the malpractice was committed. In some circumstances, there are exceptions, and the two-year time period may be extended. For example:
As the victim of medical malpractice matters, you or a loved one is likely experiencing physical pain or emotional distress. Once your medical malpractice lawyer proves that your injuries were a result of negligence on the part of the medical professionals who treated you, under Virginia law, you can seek compensation for your injuries.
There are three types of damages your VA medical malpractice lawyer will pursue on your behalf:
Virginia law caps the amount of damages awarded in a legal action. Under § 8.01-581.15 of the Virginia Code, the maximum amount of compensation is dependent on when the malpractice occurred, and the limit increases each year to account for the growing cost of living expenses.
§ 8.01-581.1 of the Virginia Code provides that health care professionals are can be as follows:
…physician or hospital, dentist, pharmacist, registered nurse or licensed practical nurse or a person who holds a multi-state privilege to practice such nursing under the Nurse Licensure Compact, nurse practitioner, optometrist, podiatrist, physician assistant, chiropractor, physical therapist, physical therapy assistant, clinical psychologist, clinical social worker, professional counselor, licensed marriage and family therapist, licensed dental hygienist, health maintenance organization, or emergency medical care attendant or technician who provides services on a fee basis.
Injuries that occur under the medical care of a healthcare professional in Richmond, VA do not always warrant a medical malpractice lawsuit. Sometimes, as difficult as it may be to come to terms with, patients with untreatable or terminal conditions cannot hold their medical provider responsible because of a negative outcome. As long as the medical provider properly diagnosed and treated their patient, and reasonably met the standard of care, a medical malpractice claim would be improper and without merit.
If you are injured because a medical professional neglected their professional duty, you have the right to pursue financial compensation. We all expect doctors, nurses, and healthcare providers to provide qualified care. A Richmond medical malpractice lawyer from Regan, Zambri Long PLLC may be able to help.
The legal team at Regan Zambri Long has over 30 years of experience and have a reputation for going above and beyond in our fight to get you the compensation you deserve.
We review your case for free and there is no obligation to hire us, so don’t hesitate to call to learn more about your options today.
