Medical Malpractice in Virginia

According to the Journal of the American Medical Association (JAMA), medical negligence is the third leading cause of death in the United States. Medical malpractice occurs when a hospital, doctor, or other healthcare professional, through a negligent act or omission, causes an injury to a patient. Some examples of medical negligence that may lead to a lawsuit include failure to diagnose or misdiagnosis, unnecessary surgery, surgery errors, or improper medication. If you have suffered significant injury from a negligent act or omission from a healthcare provider, you are entitled to compensation for past and future medical bills, loss of income and/or diminished earning capacity, and disfigurement, among other damages.

In Virginia, in order for you to prevail with your personal injury claim in medical malpractice, you must prove that you have been injured by another party’s careless or reckless actions or inaction. 

At Oropeza Law Firm, LLC., we will provide you with a medical malpractice attorney who will take care of all the interactions between medical providers, insurance companies, and any other party involved so that you and/or your loved ones can focus on healing and recovery. While you and/or your loved ones are recovering, Oropeza Law Firm will be your advocate and represent your interests to all parties involved so that you receive the compensation you deserve for your sufferings – bodily injuries, lost wages, pains and sufferings, and more.

If you are unsure as to whether you have a valid medical malpractice case, a medical malpractice attorney at Oropeza Law Firm can help you to determine this. We understand the uncertainty that accompanies cases of medical malpractice, but if you follow the steps below, you could help your medical malpractice lawyer to best represent your interests and seek maximum compensation for your sufferings.

  • Request your medical records from all healthcare providers related to the injuries you have incurred. You are legally permitted to obtain your own medical records from any and all healthcare provider that has treated you. These records will be essential in your medical malpractice attorney’s evaluation of your case.

    This can be an expensive process, but your medical malpractice lawyer can often alternatively request medical records on your behalf once he/she has decided to take on your case.
  • Review and/or obtain any and all consent forms that you signed at the healthcare provider where your medical malpractice accident occurred. The parameters of these documents will help to identify the standard of care and whether it was indeed violated.
  • Ensure that you contact a medical malpractice attorney within the Statute of Limitations in Virginia(see below) in order to evaluate the validity of your case and obtain the compensation that you deserve.

Statute of Limitations in Virginia:

An important note related to medical malpractice in Virginia is that a claim must be filed within two years of the date of the initial presentation of symptoms related to the claim in order for compensation to be sought and received. If your claim is not filed in time, you will not be able to receive compensation for any damages from the incident, whether they be bodily injuries, lost wages, or other pains and sufferings. For this reason, it is important to contact a personal injury attorney or medical malpractice attorney who will be able to represent your interests during this difficult time so that you can move past this incident as quickly as possible and receive the compensation that you deserve.