Knowledgeable Richmond Medical Malpractice Attorney in Your Corner
An Experienced Richmond Medical Negligence Lawyer Protecting the Rights of Virginia Residents Harmed by Medical Malpractice
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 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 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 malpractice 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.
Our medical malpractice lawyers represent victims of medical negligence in Richmond and across Virginia. Call today to see how we can help if you were hurt by a medical provider’s negligence or error.
Medical Malpractice in Virginia
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.
Richmond, VA medical malpractice attorney Corey Pollard fights for medical malpractice victims and their families against large hospitals, rehabilitation centers, nursing homes, medical facilities, and the specific health care provider who failed to render adequate treatment and care.
Our medical malpractice lawyers handle cases involving:
- 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 medical malpractice attorney Corey Pollard can hep you and your family pursue your rights through a medical negligence claim.
We pursue medical malpractice claims against whomever may be responsible for your injuries, including:
- Doctors (Cardiologists; Critical Care Medicine Specialists; Emergency Medicine Doctors; Gynecologists; Hospitalists; Infectious Disease Specialists; Neurologists; Neurosurgeons; Obstetricians; Pathologists; Podiatrists; Radiologists; Surgeons)
- Healthcare companies
- Medical technicians
- Nursing homes
- Primary care physicians
Call us today for a free consultation regarding your medical malpractice claim. As your medical malpractice lawyers in Richmond, VA, we’ll do everything we can to help you and your family recover.
What You Should Know About Filing a Medical Malpractice Case in Virginia
It’s difficult to win a medical malpractice lawsuit in Virginia.
First, you must satisfy the statute of limitations in medical malpractice cases in Virginia. The statute of limitations is the deadline for you to file a lawsuit in the appropriate court. If you fail to satisfy the statute of limitations, then you may lose the right to bring a medical malpractice claims.
There are various medical malpractice statutes of limitations that may apply, depending on whether the victim is an adult or minor, and whether the victim died because of the medical negligence. Contact an experienced medical malpractice attorney right away to determine whether you’re bringing a claim within the deadline.
Next, you need to determine if you can prove the following before bringing a claim for medical malpractice:
- That the doctor, surgeon, nurse, hospital, or other health care provider acted negligently and breached the appropriate standard of care; and,
- That the health care provider’s mistake, error, omission, or negligence caused you physical, mental, or emotional harm.
To prove these elements of a Virginia medical malpractice case, you will need to develop evidence. Medical malpractice evidence includes:
- Medical records
- Office visit notes
- Operative reports
- Diagnostic films and reports
- Witness statements
- Expert witness testimony
Having a medical expert is critical to winning your medical malpractice case. In most medical negligence claims you need to have more than one medical expert on your side.
Finding a medical expert may be difficult and expensive. 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.
When you do find medical experts who will review your claim and testify on your behalf, it can get expensive. You may need multiple experts, each of whom will charge you for their time and expertise. Think about how much health care cost! The same is true in medical negligence actions. It can cost tens of thousands of dollars to prepare and try a case. But our Richmond, Virginia medical negligence attorney will work with all the expert witnesses to build your Virginia medical malpractice case.
In addition, there are limits on how much money you can recover in a Virginia medical malpractice action. As of July 1, 2016 the most you can recover for medical malpractice in Virginia is $2.25 million. That cap increases each year. In July 2030 the total damages recoverable in a medical malpractice action will be $2.95 million. While it may seem like a lot of money, these amounts are small when you consider that most medical malpractice victims will require extensive medical care for the rest of their lives.
The Virginia 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 mal cap for the year you were injured.
If your 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 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 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 lawyers will not accept representation unless there are significant injuries and at least one supportive expert witness.
Contact a Bold 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 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 negligence attorney, you can count on us to use our resources to investigate and develop your medical negligence claim. We’ll do what we can to prove a link between your injuries and your medical provider’s negligent actions.
Call us today. Your consultation with our top-rated medical malpractice lawyers is free. And we work on a contingency fee basis, so you owe no fee unless we recover compensation for your injuries caused by medical negligence.