Medical malpractice occurs when a healthcare provider fails to comply with the standard of care required in their profession. Every year, thousands of people suffer injury or death due to medical errors. If you or a loved one has suffered an injury due to medical negligence in Fairfax, speak to an experienced medical malpractice lawyer at Koonz McKenney Johnson & DePaolis LLP. We offer free consultations and will review your case, call (703) 997-2371 today.
Medical malpractice is a tort claim. It is a type of personal injury lawsuit that seeks compensation from a defendant for committing a tort while providing medical care to a patient. A medical malpractice lawsuit claims that a health care professional, such as a doctor or nurse, breached a duty of care to a patient and caused the patient harm.
Any time when your healthcare provider does not provide you with proper and an acceptable standard of care or treatment, causing an injury as a result, they have committed medical malpractice.
Under the law, it is considered to be medical malpractice, if the following are proven:
Violation of the standard of care. A patient has the right to expect that a healthcare professional will deliver a certain standard of care. When it is not met and an injury occurs, then an act of negligence may be established.
Injury caused by the standard of care violation. The patient must prove that the health care provider’s lack of care, or negligence, caused an injury.
Significant damages resulted from the injury. It must be shown that the patient suffered significant damages due to the injury caused by the healthcare provider. Examples of damages can include loss of income, pain and suffering, disability, or significant past and future medical bills.
Fairfax Medical malpractice claims typically fall under one or more of the following:
Hiring a lawyer in Fairfax with experience handling medical malpractice cases will be crucial to obtaining a successful outcome to your claim. A medical malpractice lawyer can:
Taking legal action for a medical malpractice claim is expensive, complex and time is of the essence, as Virginia’s statute of limitations sets a time limit of one to two years to file a medical malpractice claim. Many lawyers will cover upfront costs, as many work on a contingency fee basis, which means you will only pay legal fees when you successfully obtain compensation.
Medical malpractice is a special practice area with unique laws and rules compared to general personal injury claims. It is important to follow these rules as a claimant in Virginia – otherwise, you could accidentally hurt your chances of recovering compensation. The lawyers at Koonz McKenney Johnson & DePaolis LLP can help you navigate all of Virginia’s medical malpractice laws.
Virginia also has a limit on recovery for medical malpractice claims. The cap is $2 million for total damages for all medical malpractice claims for acts or omissions on or after July 1, 2008. Finally, Virginia is a strict contributory negligence state. If the defendant can prove you were at all responsible for your own injuries, your contributory negligence will bar you from recovery. Our medical malpractice lawyers can help you navigate all of these laws and maximize your financial compensation as much as possible
We care deeply about our client’s well-being at Koonz McKenney Johnson & DePaolis LLP. Reserve a no-obligation, free consultation with an experienced Virginia medical malpractice lawyer today, by calling (703) 218-4410 or filling out our contact form.