All medical professionals have a duty to maintain a minimum standard of care for the patients that they see. Unfortunately, when they fail to uphold that standard, their mistakes can have life-altering consequences for their patients. If you were injured by a medical mistake, a dedicated personal injury attorney could help you seek compensation for the harm the physician caused.
Pursuing these cases can be difficult, as doctors and hospitals typically have the support of insurance carriers. However, a Waynesboro medical malpractice lawyer is familiar with filing these claims and could maximize your chances of a favorable outcome. Schedule your consultation with our office as soon as you are able to get started.
Medical malpractice takes many different forms. Some errors might occur early on in the diagnosis process. Others might involve surgical errors. Some medical mistakes that can lead to malpractice claims include:
Notably, any mistake that deviates from the medical standard of care could result in a malpractice case if it leads to a patient’s injury or illness.
There are time limits on filing a medical malpractice lawsuit. This legal deadline—referred to as the statute of limitations—depends on the severity of the outcome. For example, the amount of time a person has to file a lawsuit for a medical injury is different from the statutory period in a wrongful death lawsuit.
For injury cases in Virginia, the statute of limitations expires two years following the date of the medical error. Notably, however, if you do not immediately discover your injuries, the “discovery rule” is available in some cases to extend your time to file. In these cases, it is essential to reach out to an attorney familiar with medical negligence cases and the limitation period in Waynesboro for advice.
There are serious consequences for delaying filing a medical malpractice lawsuit. Generally, the court will dismiss these lawsuits with prejudice when they are filed after the time limit expires. This strict rule means that plaintiffs will be barred from compensation for missing the given time limit, without exception.
There are necessary legal requirements that you have to meet for physician negligence lawsuits that are not required in most injury lawsuits. One of those requirements involves review panels. Under the law, a review panel is designed to evaluate the merits of a potential medical negligence lawsuit.
During a dispute, either side has the power to request a panel. When a panel is used, it is comprised of two lawyers, two doctors, and a judge. The panel reviews the plaintiff’s claims and the supporting evidence before deciding whether the case is viable.
The review panel’s decision is not binding—however, either party can call the panel members to testify as witnesses at trial to explain why they ruled the way that they did. A skilled lawyer could further explain how the review panel process works in Waynesboro physician malpractice cases.
Medical mistakes can lead to severe illnesses and injuries, if not death. Recovering from these health issues can be difficult, especially if you are not on firm financial ground. Our team at The Warren Firm can help you fight for what you deserve after suffering these injuries.
Let a Waynesboro medical malpractice lawyer help you secure fair compensation for the harm done to you. Call us right away to get started.