From birth injuries to surgical errors, medical malpractice, unfortunately, happens regularly in the United States. As a result of such negligence, the subsequent injuries that victims now must address have the potential to uproot life. Thankfully, the law provides a means for victims to redress such irresponsible errors through a civil lawsuit. Holding a medical practitioner responsible for his or her could benefit both you and future patients.
If you or someone you love was seriously injured after placing trust in a medical professional, it may be time to consider what legal recourse is available to you. With the help of a Staunton medical malpractice lawyer at The Warren Firm, you could do just that. A personal injury lawyer with years of experience stands ready to gather evidence on your behalf and work toward a favorable outcome so that you can find that long-lost sense of stability.
The law recognizes two main categories of damages. The first is an easily calculable type: economic damages. These losses are quantifiable and have a real value ascribed to them. They can be medical costs associated with treating a new injury stemming from medical malpractice, rehabilitative costs, missed time from work, and any other form of concrete loss.
The second category is much more challenging to place a value on when trying to recover. This category is known as noneconomic losses, and they account for the intangible losses a victim may have suffered as a result of malpractice. Loss of enjoyment of life, pain, suffering, and loss of consortium are all examples of these intangible losses that victims could account for with a lawsuit.
Importantly, the State of Virginia limits the number of damages an injured party can recover for their injuries. To ensure that recovery is optimized as much as possible, many people choose to work with an adept Staunton medical malpractice attorney.
In Virginia, medical malpractice claims are typically filed in the local circuit court with jurisdiction over the case. A medical malpractice claim must be certified by an independent medical examiner to establish the health care provider’s errors. If the expert deems that medical malpractice occurred, they must sign a sworn affidavit stating that the accused health provider did not provide the appropriate standard of care and that this negligence resulted in the victim’s injuries.
Not everyone qualifies as an expert who can sign such a document, however. Experts are legally defined as people who have knowledge of the standard of care at the time of the incident. While many people choose to rely on doctors who are certified in the same field as the alleged irresponsible party, a Staunton medical malpractice attorney could also fall on the experience of professors or other knowledgeable parties who meet the standards set forth in § 8.01-581.20.
In most Virginia cases, an injured party must file a medical malpractice lawsuit within two years from the date of injury. Some circumstances may prolong the statute of limitations in medical malpractice cases. For instance, the “continuing treatment rule” allows the two-year limit to start from the last date of treatment by the health care provider if the treatment in question has been substantially uninterrupted and for the same condition.
A foreign object left inside a patient’s body without their knowledge is another exception to the statute of limitations. Under these circumstances, the injured party can file either two years from the date of the injury or up to a year after they detected or should have detected the foreign object inside their body. In any case, it is useful to consult a Staunton medical malpractice attorney because of the statute of limitations to file.
If you have sustained a devastating injury or a loved one has wrongfully died due to another person’s negligence, you may be entitled to compensation for damages. Injuries resulting from medical negligence often result in a long-term or permanent disability that interferes with or prevents employment.
An adept Staunton medical malpractice lawyer could advocate on your behalf to recover compensation for any financial or emotional damages you have suffered. Call us at The Warren Firm today to discuss the specifics of your case and plan the next steps.