Medical Malpractice: Protecting Your Rights When Care Falls Short

Seeking medical care involves placing your trust in the hands of professionals who are supposed to act competently and skillfully. When that trust is broken – through botched procedures, misdiagnoses, medication mistakes or other preventable errors – the consequences can change the course of your life forever.

At Dickerson & Smith Law Group, we help individuals and families in Virginia Beach, Norfolk, Chesapeake and surrounding communities pursue justice in medical malpractice cases. Our team of experienced malpractice attorneys understands the intricacies of Virginia personal injury law and how to hold negligent health care providers accountable. We can help you take the next step forward.

What Is Medical Malpractice?

Medical malpractice involves failures on the part of a medical professional or institution to act in accordance with the applicable standard of professional care, resulting in harm to a patient. Not every poor outcome is malpractice. Many treatments and procedures have inherent risks, and even competent care can result in complications, unexpected outcomes or less-than-ideal results. However, when negligence is involved, patients have the right to seek accountability.

What Do You Have To Prove For A Medical Malpractice Case?

To prove a malpractice case, you must establish four key elements:

• Duty of care: A doctor-patient relationship existed, creating a legal obligation to provide competent care.
• Breach of duty: The provider failed to uphold the accepted standard of care in their field.
• Causation: That failure was the direct cause of injury or harm.
• Damages: The failure led to measurable losses, such as medical bills, lost income, or pain and suffering.

If you believe you’ve been harmed by substandard care, we encourage you to gather relevant documents – medical records, billing statements, prescriptions and any correspondence related to your treatment. These materials can be critical in evaluating potential malpractice claims.

Common Examples Of Medical Malpractice

Our malpractice lawyers handle a wide range of malpractice cases, including:

• Surgical errors (wrong-site surgery, retained instruments, nerve damage)
• Misdiagnosis or delayed diagnosis (cancer, stroke, infection)
• Medication errors (wrong drug, incorrect dosage, allergic reactions)
• Birth injuries (cerebral palsy, Erb’s palsy, oxygen deprivation)
• Anesthesia errors (dosage mistakes, failure to monitor)
• Failure to treat (ignoring symptoms, discharging too early)
• Emergency room errors (triage mistakes, delayed care)

We work with trusted medical experts in relevant fields to establish the appropriate standard of care and prove other elements of each claim.

How Long Do You Have To File A Medical Malpractice Claim?

Under Virginia law, you have two years following the date of the alleged malpractice to file a claim. The law establishes limited exceptions, but they are narrow, and missing the deadline can mean losing your right to pursue compensation. We encourage you to reach out to a lawyer as soon as you suspect that negligence occurred.

What Types Of Damages Can You Recover?

If you’ve been harmed by medical negligence, you may be entitled to compensation for:

• Medical expenses: Past and future costs of treatment, rehabilitation and medications 
• Lost income: Wages lost due to time off work, as well as reduced earning capacity
• Pain and suffering: Physical pain, emotional distress and mental anguish

In rare cases involving egregious misconduct, additional damages – called punitive damages – may be awarded to punish the provider.

In the most tragic cases, wrongful death claims may be appropriate when a loved one dies due to medical negligence. We can help you understand your rights and options during such a difficult time.

Let’s Talk About What Happened

If you or a loved one has been harmed by a medical provider’s negligence, don’t wait to get answers. We’ll take the time to listen, review your records and explain your legal options. 

Call us today at 757-828-0031 or reach out through our contact form to schedule a confidential consultation. We’re ready to help you seek justice and move forward.