Healthcare professionals spend their careers helping others. They do their best to ensure that each patient receives the best treatment possible. Like the rest of us, they do make mistakes. However, when a healthcare professional makes a mistake, the result is often life-changing for the victim. If you have been injured due to the action or inaction of a healthcare professional, speak to a medical malpractice attorney you may be entitled to compensation for your injury.
At Surovell Isaacs & Levy, PLC, we have significant experience helping medical malpractice victims in Northern Virginia obtain the financial compensation they deserve. Our experience and expertise culminate in our use of the most modern tools available. If you have concerns regarding treatment you received or treatment that a loved one has received, please contact our offices as soon as possible to schedule a free consultation.
What is Medical Malpractice?
Medical malpractice is a claim that can be brought when a healthcare provider fails to provide care that meets an acceptable level of professional care, and the failure of meeting that standard is the cause for the victim to have sustained the injury.
Potential Medical Malpractice Claims to be Brought in Virginia
Although the list of claims that can be brought for specific injuries and errors, some of the most common cases that we see are included below:
- Misdiagnosis of cancer
- Misdiagnosis of cardiac conditions
- Misdiagnosis in pediatrics
- Prescribing experimental drugs
- Drug prescription errors
- Performing cosmetic surgery
- Birth injuries or death resulting from delayed C-section procedure, failure to monitor the fetus, or improper delivery technique
- Emergency room errors
- Gastroenterology errors
- Medical device injuries
- Negligence on the part of a hospital, surgeon, nurse, obstetrician/gynecologist (OB/GYN), or any other doctor or health care worker who fails to follow accepted standards of practice
- Post-surgical infection
- Nursing home neglect
Statute of Limitations in Virginia for Medical Malpractice
Bringing your medical malpractice claim as soon as possible is essential in Virginia. Under Virginia law, a two-year statute of limitations applies to most medical malpractice claims. However, certain circumstances can extend the statute of limitations. A statute of limitations is a limitation on your ability to bring a legal claim based upon timeliness.
For a two-year statute of limitations, you must bring the claim within two years of the injury occurring. In certain situations, the statute of limitations may be extended such as in a misdiagnosis or leaving objects within the body during a surgery – two injuries that may not be realized until well after the two-year statute of limitations period has ran. As a result of Virginia’s short statute of limitations period for medical malpractice claims, please contact our office as soon as possible if you believe that you may have been injured as a result of medical malpractice.
Proving Your Medical Malpractice Case in Virginia
To prove a medical malpractice case in Virginia, three elements must be established:
- the healthcare professional acted in a manner below the reasonable standard of care, also known as acting negligently
- the healthcare professional’s negligence resulted in the victim’s injury, also known as proving causation
- the injury suffered is substantial enough to warrant damages
Failing to prove any of these three requirements will result in an unsuccessful claim.
At Surovell Isaacs & Levy, PLC, we utilize the most advanced technology and demonstrations, and highly regarded expert witnesses to establish negligence and causation. This allows us to communicate to the jury that the healthcare professional was negligent and that the negligence was the cause for your injury – the two largest hurdles for a successful medical malpractice case.
Contact Our Experienced Medical Malpractice Attorney
At Surovell Isaacs & Levy, PLC, we have the courtroom experience that is essential a successful medical malpractice case. We are here to help you get the financial compensation that you deserve. Please contact our offices as soon as possible to schedule a free consultation.