Richmond Medical Malpractice Lawyer

 

Virginia Medical Malpractice Attorney Corey Pollard Protects the Rights of Those Harmed by Medical Negligence

 

When you put your life and health in the hands of a medical professional, you expect to be treated with the utmost care so that you get the best possible result. But unfortunately that doesn’t always happen. Doctors, surgeons, nurses, pharmacists, hospital staff, and other health care professionals can make mistakes. And when they do, these medical errors can be life altering and even deadly.

 

Medical negligence can happen on the operating table, in the Emergency Room (ER), in your doctor’s office, at the local pharmacy, and many other places. If your health care provider or hospital has caused you injury and harm, you may be entitled to compensation through a medical malpractice lawsuit in Virginia.

 

Though technology has given health care providers better and safer ways to treat, medical malpractice in Richmond and across Virginia is still common. According to the Journal of the American Medical Association (JAMA), medical negligence is the third most common cause of death in the United States. Medical negligence and errors by health care providers cause thousands of deaths and injuries each year.

 

Richmond medical malpractice lawyer Corey Pollard and our medical negligence attorneys are here to help you litigate – and win – even the most difficult medical negligence cases in Virginia. Our law firm has the experience, skill, and training to help you win your case.

 

Virginia medical malpractice attorney Corey Pollard represents victims of medical negligence in Richmond, Chesterfield, Henrico, Hanover, Petersburg, Charlottesville, Fairfax, Newport News, and Norfolk. If you were hurt by a health care provider’s negligence, contact Corey Pollard today: 804-251-1620 or 757-810-5614.

 

What is Medical Malpractice in Virginia?

 

The term “medical malpractice” is used to describe a mistake made by a doctor or other health care professional that causes harm, injury, or death to a patient.

 

But a simple medical mistake is not enough for an act or omission to be considered medical malpractice. Medical malpractice occurs when the doctor or health care professional fails to comply with the standard of care in their field of specialty, causing injury or death.

 

Bad outcomes, poor bed side manner, and poor communication with the patient and his or her family are regrettable. But they are not medical malpractice in Virginia.

 

Types of Medical Malpractice in Virginia

 

Virginia medical malpractice claims are complex and require that you offer proof in several different areas. There are many mistakes that happen in the medical profession. The different types of medical malpractice claims we handle include:

 

  • Amputation Errors: An improperly applied cast, misdiagnosis, or surgical error can lead to the loss of a limb because of medical malpractice.

 

  • Anesthesia Errors: If the anesthesiologist gives you too much or too little medication during a medical procedure, or if he or she failed to monitor you properly during an operation, you could suffer a medical injury for which you deserve compensation.

 

  • Birth Injuries: When a health care provider makes a mistake during prenatal care or labor and delivery, the consequences can be devastating. Your child could suffer a serious birth injury that causes lifelong complications and problems and may even require long-term care. Medical professionals have the duty to make sure your child’s birth goes smoothly. If your treating providers fail to do that, you may have a legal action for the resulting birth injury. Common birth injuries include cerebral palsy and Erb’s palsy.

 

  • Bowel Perforation: Bowel perforation happens when a nick, tear, or cut, in a gastrointestinal organ causes its contents to leak into the abdomen and body. You may have a medical malpractice claim if the bowel perforation was caused by an undiagnosed medical condition or negligence during surgery.

 

  • Cardiology Errors: An incorrect diagnosis or delayed diagnosis, improper management of a serious heart condition, or improper performance of a cardiac procedure by your cardiologist may serve as the basis for a Virginia medical malpractice claim.

 

  • Colonoscopy Errors: A negligently performed colonoscopy can lead to bowel perforation, cardiopulmonary complications, bleeding, infection, and even death.

 

  • Delayed Cancer Diagnosis: If diagnosed in time, many cancers be beaten. If your doctor’s negligence or omission led to a delayed cancer diagnosis that decreased the likelihood of successful treatment, you may have a medical malpractice lawsuit in Virginia.

 

  • Doctor Negligence: If your doctor’s negligence, action, mistake, or omission caused you harm, you have a medical malpractice claim.

 

  • Emergency Room Errors: ERs are high-stress places where a lot is happening at once. But the doctor or nurse on duty still owe you a duty of care. If the ER provider fails to diagnose or treat you properly, you may have a medical malpractice lawsuit.

 

  • Epidural Abscess: A spinal epidural abscess happens when there is swelling and inflammation near your spinal cord. It is a neurosurgical emergency. Any delay in treatment can lead to permanent neurosurgical deficits and death. If a health care professional fails to diagnosis a spinal epidural abscess in time or treat it properly, you may have a medical malpractice case in Virginia.

 

  • Failure to Diagnose: We count on our medical providers to diagnose dangerous conditions in a timely manner so that we can seek care. If your medical provider failed to diagnose such a condition, you can bring a malpractice claim in circuit court.

 

  • Gynecology Malpractice: Many medical practice lawsuits against Ob/Gyns are based on the patient suffering an abnormal injury during an examination or labor and delivery, the failure to diagnose a harmful condition, failure to treat, and failure to follow safety procedures. If you suffered harm because of your Ob/Gyn’s actions, you may have a medical malpractice claim.

 

  • Hospital Discharge Error: The hours, days, and weeks, following discharge from the hospital are dangerous periods. It’s important that you are not discharged too soon, or else you may not have a full recovery. If the hospital discharged you before you were ready, or if it made a prescribing error at discharge, you may have a Virginia medical malpractice claim.

 

  • Hospital Errors: You go to a hospital to receive high-quality medical treatment and to recover, not to receive even more harm. If your hospital nurse failed to give you the proper medication, you received an infection or bed sore from inadequate care, or you suffered an injury while undergoing an operation or procedure in the hospital, you may have a hospital negligence claim in Virginia.

 

  • Medication Errors: A medication error is a preventable event that causes or leads to inappropriate medication or an inappropriate medication dosage being administered to a patient and causing him or her harm. A medication error can serve as the basis for a medical negligence claim in Virginia.

 

  • Nursing Home Negligence: Nursing home negligence and abuse has become a serious issue in Virginia and across the country. We count on nursing homes and their employees to take care of our loved ones. When they don’t, it’s possible to file a medical malpractice claim in Virginia.

 

  • Nerve Injury During a Medical Procedure: Nerve damage due to a surgical mistake can result in lifelong problems and symptoms. If a surgeon made a mistake that injured your nerve, you can file a medical malpractice claim in Virginia.

 

  • Orthopedic Malpractice: We can pursue a medical negligence action on your behalf if your orthopaedic surgeon failed to provide reasonable care and caused you increased pain and harm requiring revision surgery and pain medication.

 

  • Paralysis (Paraplegia and Quadriplegia): If your doctor’s error caused any part of your body to become paralyzed, you can file a medical malpractice suit in Virginia.

 

  • Pharmacist Errors: A prescription error can lead to organ failure and even death. If your pharmacist made a mistake that caused you injury, you have a Virginia medical malpractice claim.

 

  • Radiology Errors: Radiologists read and interpret diagnostic test results. A missed diagnosis or false-positive reading can cause harm and lead to a medical malpractice action.

 

  • Sepsis: Sepsis occurs when the body releases chemicals into the bloodstream to deal with a severe infection, often following a procedure. If untreated or treated improperly, sepsis can lead to septic shock and even death. If you or a loved one suffered sepsis following treatment you may have a medical malpractice claim.

 

  • Surgical Errors: A surgical error can serve as the basis for a medical malpractice lawsuit if your surgeon acted negligently and performed the surgery below the accepted standard of care, causing you harm.

 

  • Wrongful Death: Maybe a loved one died because a doctor failed to diagnose a life-threatening condition in time. Or maybe a surgeon made a mistake during an operative procedure. Whatever the cause, you may have a wrongful death claim against the health care provider whose negligence caused the patient’s death.

 

As you can see, medical errors are often due to human negligence. No matter the error, omission, or mistake, Richmond VA medical malpractice attorney Corey Pollard can hep you and your family pursue your rights through a medical negligence claim.

 

What Health Care Providers are Liable for Medical Malpractice in Virginia?

 

Richmond medical malpractice attorney Corey Pollard fights for victims of negligence and their families, no matter the kind of health care provider who caused the injuries. You may seek damages for medical negligence by the following health care providers:

 

  • Aides
  • Anesthesiologists
  • Chiropractors
  • Clinical psychologists
  • Dentists
  • Doctors (Cardiologists; Critical Care Medicine Specialists; Emergency Medicine Doctors; Gynecologists; Hospitalists; Infectious Disease Specialists; Neurologists; Neurosurgeons; Obstetricians; Pathologists; Podiatrists; Radiologists; Surgeons)
  • Healthcare companies
  • Health maintenance organizations (HMOs)
  • Hospitals
  • Medical technicians
  • Nurses
  • Nursing homes
  • Optometrists
  • Pediatricians
  • Physical therapists
  • Primary care physicians

 

As your Virginia medical malpractice lawyer Corey Pollard can help you with negligence claims involving the following health care providers in Central Virginia:

 

  • Bon Secours Memorial Regional Medical Center in Mechanicsville
  • Bon Secours Richmond Community Hospital
  • Bon Secours St. Francis Medical Center in Midlothian
  • Bon Secours St. Mary’s Hospital in Richmond
  • Centra Southside Community Hospital in Farmville
  • Children’s Hospital of Richmond at VCU
  • CJW Medical Center (Chippenham & Johnston-Willis) in Richmond
  • Cumberland Hospital in New Kent
  • Henrico Doctors’ Hospital – Henrico Campus
  • Henrico Doctors’ Hospital – Parham Campus
  • John Randolph Medical Center in Hopewell
  • OrthoVirginia
  • Poplar Springs Hospital in Petersburg
  • Rappahannock General Hospital in Kilmarnock
  • Riverside Tappahannock Hospital
  • Riverside Walter Reed Hospital
  • Southern Virginia Regional Medical Center in Emporia
  • Southside Regional Medical Center in Petersburg
  • VCU Health Community Memorial Hospital in South Hill
  • VCU Medical Center in Richmond

 

Call us today for a free consultation regarding your medical malpractice claim. As your medical malpractice lawyer in Richmond, Corey Pollard do everything he can to help you and your family recover.

 

How Virginia Medical Malpractice Attorneys Get Paid

 

Most personal injury lawyers, including medical malpractice attorneys, charge a contingency fee in negligence cases. This means that your lawyer does not receive a fee unless you recover compensation for your damages.

 

If you recover damages through medical malpractice lawsuit, your attorney will charge a fee equal to a percentage of the gross recovery. Usually the percentage amount depends on where in the process the case settles. For example, an attorney will charge a greater contingency fee if trial is necessary than if the claim settles prior to suit being filed. Most medical malpractice contingency fees range from 33 to 45 percent of the gross recovery.

 

How to Win a Medical Malpractice Case in Virginia

 

Virginia medical malpractice cases are difficult to win. But it’s possible with the help of an experienced Richmond medical negligence attorney.

 

Medical malpractice actions are governed by the same common law principles applicable in other kinds of negligence actions, including car accident, slip and fall, and products liability cases.

 

To recover damages for medical negligence, a patient must prove:

 

  1. Duty;
  2. Breach of Duty;
  3. Causation; and,
  4. Damages

 

Proving that a Physician, Hospital, or Health Care Provider Owed a Duty of Care to the Patient

 

A physician or health care provider owes a duty of care to a patient only when a physician-patient relationship is established.

 

Usually this element of a Virginia medical malpractice action is uncontested. If a patient demonstrates that he or she entrusted their treatment to the physician and that the physician accepted the case, then a physician-patient relationship exists.

 

Once a physician or health care provider accepts a patient, then the health care provider owes a duty to continue that treatment for as long as necessary.

 

Proving that a Doctor Breached the Standard of Care

 

The second element of a Virginia medical malpractice action is proving that a physician breached the duty of care owed to the patient.

 

Within the medical field and its specialties there are recognized practices and standards of care. Health care providers have a duty to act in accordance with the acceptable standards of care for their profession. The reasonable standard of care is what a reasonably competent medical professional would do in a given situation. A doctor, surgeon, nurse, technician, or other health care provider has committed medical malpractice when he or she falls below these standards. Sometimes these actions are due to carelessness or recklessness. Other times they are due to omissions. These medical errors are often preventable.

 

At least one expert witness, and often several, is needed to explain the applicable standard of care and how the defendant doctor breached it.

 

Unfortunately many doctors are hesitant to testify against a colleague or fellow medical professional, even when the medical negligence is obvious. Doctors do not like to criticize or testify against other doctors in medical malpractice claims. They worry that they’ll be next. This makes it difficult to find medical experts who will support the plaintiff’s medical negligence action. But Richmond medical malpractice lawyer Corey Pollard has an extensive network of expert witnesses who can help you prove that the doctor breached the standard of care.

 

Proving that the Doctor’s Breach of the Standard of Care Caused a Patient’s Damages

 

It’s not enough to show that a doctor breached the standard of care owed to the patient. To win your medical malpractice case you must also show that the violation of the standard of care caused you injury.

 

Here is an example. Let’s say a patient is born with a congenital condition that will require an organ transplant. The patient’s doctor reviews laboratory findings that indicate additional evaluation is necessary, but fails to refer the patient for more testing. A few months pass and the patient returns to the doctor, who then refers the patient for more testing. Eventually it is determined that the transplant is necessary.

 

Though the doctor was negligent in failing to refer the patient for additional testing at the first visit, it is unlikely that the patient would win a medical malpractice case because the delay in the referral did not cause the need for the transplant.

 

As with proving the breach of the standard of care, expert testimony is often necessary to prove that the deviation from the standard of care is a proximate cause of the patient’s damages. You need not show that the deviation from the standard of care was the sole cause of your damages.

 

Proving Damages in a Medical Malpractice Claim

 

As the plaintiff in a Virginia medical malpractice lawsuit, you may recover the same damages available to persons in other types of personal injury claims. This includes: reimbursement for out-of-pocket medical expenses; loss of income; permanent disability; pain and suffering; mental distress; and, future medical needs.

 

A patient can prove damages resulting from medical negligence through his or her testimony at trial, the testimony of friends, family members, and co-workers, expert witnesses including doctors and vocational consultants, and the testimony of treating physicians.

 

If the medical malpractice results in death, surviving family members of the victim may recover for their emotional damages and for the amount of financial support they may have expected from their loved one. They may also recover for other expenses, including funeral expenses of the cost of care from the date of the malpractice through the time of death.

 

Statute of Limitations in Virginia Medical Malpractice Cases

 

A key issue in medical malpractice cases is determining the correct statute of limitations. In Virginia the medical malpractice statute of limitations is two years from the date of injury. This means a person has two years from the date of injury to file a medical malpractice lawsuit in Virginia.

 

There are some situations where a patient is unaware that he or she is a victim of medical malpractice until more than two years have passed. In these situations the time of discovery rule, the continuing treatment rule, or the statutes governing the deadlines for filing child injury claims may apply. Depending on the facts of the case, a person may have up to ten years to file a medical malpractice action in Virginia.

 

Because a person is unable to recover for medical malpractice if he or she waits until after the applicable statute of limitations to file suit, it’s important that you contact a Richmond injury attorney immediately if you think you have a claim. The attorney needs time to investigate and evaluate your claim, then file suit if appropriate.

 

Is There a Cap on How Much Money You Can Recover in a Virginia Medical Malpractice Lawsuit?

 

Yes. There is a cap on damages in Virginia medical malpractice actions. This means there are limits on how much money a victim can recover in a medical malpractice lawsuit.

 

The current medical malpractice cap is $2.35 million. The cap increases by $50,000.00 each year until it reaches $3 million in July 2031.

 

This may seem like a lot of money. But it isn’t when you consider that most victims of medical negligence will have permanent disability and require extensive medical care for the rest of their lives.

 

The medical malpractice cap limits the total amount you can recover for injury or death caused by medical negligence no matter how many defendants. For example you may allege that your nurse, hospital, and surgeon committed medical malpractice during your operation. Even if you prevail against all three defendants, you will be limited to recovering the amount provided in the med practice cap for the year you were injured.

 

If your medical negligence case goes to trial the judge will not tell the jury about the medical malpractice cap. Because of this, the jury often returns a verdict for more than the cap amount when it finds for the plaintiff. When this happens, the judge will reduce the verdict and enter judgement equal to the statutory cap.

 

In Virginia punitive damages are limited to $350,000 per case and are included in the medical malpractice cap. So even if the medical provider’s action was egregious and grossly negligent, there is still a limit on how much you can recover in damages. No medical malpractice lawyer can change this fact.

 

Because of the difficulty involved in these cases and the cap on damages, most experienced Richmond medical malpractice attorneys will not accept representation unless there are significant injuries, with expected damages greater than $500,000, and at least one supportive expert witness.

 

Learn more about the Virginia medical malpractice cap on damages.

 

Contact a Top-Ranked Virginia Medical Malpractice Attorney in Richmond

 

Many patients are scared of filing a medical malpractice claim. They worry that their insurance costs will increase or that other doctors will refuse to treat them. If you believe a doctor, surgeon, or nurse’s negligence caused you harm, consult with a medical malpractice attorney in Virginia to protect your legal rights. You should not have to suffer in silence because of your health care provider’s mistake.

 

We focus on medical malpractice claims and are dedicated to holding health care providers accountable for their mistakes, omissions, errors, and negligence – actions that can affect you for the rest of your life.

 

When you hire Corey Pollard as your Richmond medical malpractice attorney, you can count on him to investigate and develop your medical negligence claim. Mr. Pollard and our firm will do what we can to prove a link between your injuries and your health care provider’s negligence.

 

Call now: 804-251-1620 or 757-810-5614. Your consultation with a top-rated medical malpractice lawyer is free.

Corey Pollard
Follow me
Latest posts by Corey Pollard (see all)