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.
Why Pick Our Firm For Fairfax Medical Malpractice Claims
- We have over 38 years of experience handling medical malpractice cases, giving us the ability to support and guide you throughout this difficult legal process.
- We care about improving the lives of people in our community and treat our clients like family.
- We have recovered over $1 billion collectively for our clients through commitment, determination and hard work. We can take medical malpractice claims to trial in Fairfax County, if necessary.
- We have more than 40 years of case results supporting our ability to obtain positive verdicts and settlements for clients throughout Virginia, Maryland and D.C. Our attorneys have extensive experience in the medical malpractice area of law.
- We are proud to handle most medical malpractice and personal injury claims on a contingency fee basis. Our Fairfax medical malpractice attorneys will only charge you for their services if they succeed in winning your case.
What is Medical Malpractice in Fairfax, VA?
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.
Common Types of Medical Malpractice Cases in Fairfax
Fairfax Medical malpractice claims typically fall under one or more of the following:
- Misdiagnosis, delayed or failure to diagnose If a patient’s symptoms are worsened due to an unreasonable delay in the assessment and treatment of a condition, they may have a medical malpractice claim if there would not have been a delay with a competent healthcare provider.
- Improper treatment It may be malpractice if a healthcare provider provides treatment that no other reasonable doctor would or provides the proper treatment incompetently.
- Failure to warn Health professionals have a duty to warn patients of any known risks associated with treatment or a procedure, also known as the duty of informed consent. If a patient suffers an injury from a treatment or a procedure they would have otherwise turned down, had they known the risks involved, the doctor may be liable in a medical malpractice claim.
Reasons Why You Need a Fairfax Medical Malpractice Lawyer
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:
- Provide knowledge of the law and medical standards of care.
- Supply resources to investigate and obtain critical evidence proving fault.
- Hire medical experts to testify on your behalf, as well as interview and collect witness testimony.
- Gather all necessary medical documentation.
- Attempt to settle outside of court.
- Advocate for you in court if necessary.
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.
What Are Virginia’s Medical Malpractice Claim Requirements?
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.
- Statute of limitations. Under Virginia’s statute of limitations, you have a maximum of two years from the date the medical malpractice occurred to file a claim. If you are still receiving treatments for the same injury, however, your deadline will extend for as long as the treatments continue.
- Review panels. At the request of either party, the courts may appoint a review panel of two doctors, two lawyers and a judge. The panel will review evidence submitted and determine whether you have a valid claim to damages before you can proceed.
- Medical expert witness requirement. Virginia makes it mandatory to use a medical expert to testify as a witness during a medical malpractice claim. The expert must establish the defendant’s standard of care and explain how he or she violated this standard.
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
Contact Our Fairfax Attorneys Today
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.