Popular culture has made people more aware of medical malpractice. Unfortunately, this awareness has led many people to think that any mistake by a medical professional constitutes medical malpractice, but this is not the case. Rather, medical malpractice only happens when a doctor, nurse, or another medical professional fails to uphold what is known as the acceptable standard of care. Another factor that makes medical malpractice claims so complex is the fact that medical professionals and their insurance carriers relentlessly defend these claims.
If you believe that you or someone you love may have received substandard medical care, it’s important that you reach out to an experienced attorney who can help you understand your rights. At Portner & Shure, P.A., our Vienna medical malpractice attorneys have spent more than 30 years advocating on behalf of injured victims and those affected by medical negligence. Get in touch with our team today to learn how we can help you in the recovery process.
Contact Portner & Shure, P.A. online or call today to request a free, confidential consultation.
What Constitutes Medical Malpractice?
Virginia law defines a medical malpractice claim as “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.” Stated more clearly, medical malpractice occurs when a medical professional—such as a doctor, nurse, anesthesiologist, etc.—performs an act that falls below the acceptable standard of care for that medical field.
This standard is subjective, as there is no written law defining which actions are considered negligent. Accordingly, in order to define what the standard of care is and how that standard was breached, most cases require the testimony of an expert medical witness who practices the same type of medicine as the negligent medical professional. Due to the subjective nature of the “standard of care,” a simple mistake that causes momentary and temporary inconvenience is not medical malpractice. Medical malpractice is an egregious mistake by a medical professional that results in a severe injury or death.
Examples of medical malpractice include:
- Failure to diagnose or misdiagnosis
- Failure to provide informed consent/failing to inform a patient of potential risks or failing to advise a patient of a less risky alternative
- Surgical errors, including incorrect surgical site or leaving a foreign object in the patient’s body
- Anesthesia errors, such as administering excessive amounts of anesthesia during surgery or failing to recognize possibly lethal drug interactions
- Incorrect medication prescription, including prescribing a toxic combination of drugs
Injuries & Damages in Medical Malpractice Cases
Medical malpractice often results in victims suffering lifelong pain, permanent disabilities, and disfigurement. Medical malpractice victims often require expensive future medical care and corrective surgery. Along with this, medical malpractice victims are frequently unable to resume working, either temporarily or permanently. These injuries require significant compensation.
In Virginia, victims of medical malpractice are entitled to seek both economic and non-economic damages. This means that victims are able to seek compensation for additional medical expenses, lost income/wages, disability, future lost earnings, future medical care, pain and suffering, emotional distress, and trauma. However, it’s important to note that Virginia has caps on medical malpractice damages. The caps depend on the year in which the malpractice occurred; for example, for medical malpractice that occurred between July 1, 2018 and July 1, 2019, the cap on damages is $2,350,000.
Litigation in Medical Malpractice Cases
A Virginia medical malpractice victim has the burden of proving their case by a preponderance of the evidence, i.e., 51%. While this may seem simple at first glance, as you do not need to prove medical malpractice occurred beyond a reasonable doubt (as is the case in criminal cases), the reality is much different. Defense attorneys for medical malpractice insurance carriers typically do everything in their power to have medical malpractice cases dismissed prior to trial.
Due to the complex nature of medical malpractice cases, as well as the difficulty of the litigation process, many lawyers decline to represent medical malpractice victims. These lawyers are frightened by the amount of time, effort, and resources they must expend on these types of cases. However, at Portner & Shure, P.A., we not only accept medical malpractice cases for clients throughout Virginia, but we also have what it takes to take on major insurance carriers and their defense teams. Our firm has a history of success in these types of claims, and we are prepared to fight tirelessly for the maximum compensation you are owed.
Turn to the Powerful Team at Portner & Shure, P.A.
For more than 30 years, the Vienna medical malpractice attorneys at Portner & Shure, P.A. have been successfully representing victims of medical negligence throughout the Commonwealth of Virginia. During our years in practice, we have received countless five-star reviews from our past clients, as well as numerous awards from prestigious legal organizations. Medical insurance providers know of our reputation, and they know that we are not easily intimidated.
When you choose Portner & Shure, P.A., you can rest assured that your case is in the hands of a powerful and respected legal team. We do not accept any attorneys’ fees unless/until we are successful in your case.
