You go to the doctor or hospital expecting to get the right treatment for your ailments. However, in some instances, negligence on behalf of a healthcare provider can leave you with a serious Virginia medical injury. A medical injury can have a significant impact on your quality of life.
If You Have Suffered a Medical Injury
If you believe that you have suffered a medical injury due to the negligence of a doctor, nurse, or other healthcare professional, you might be able to file a medical malpractice claim and hold them liable for your injury. Before filing a claim, it is important that you educate yourself about the basics of Virginia malpractice law.
Understanding What Virginia Malpractice Is
According to the state of Virginia, medical malpractice occurs when an institution or healthcare provider commits medical negligence, resulting in a medical injury. Medical negligence occurs when the “standard of care” is violated or breached by that particular provider.
It’s important to note that it will need to be proven that your injury was directly caused by the violation or breach of care.
Statute of Limitations
Under Virginia malpractice law, the statute of limitations is two years. The statute of limitations is the time period in which a victim has the right to file such a claim. The starting point of the statute of limitations is either the point:
- At which the injury occurred.
- When the treatment for an injury ends.
- An additional year from the date a foreign object is discovered to be left in a patient.
Due to the limited time you have to file a claim, we highly recommend that you speak to a medical malpractice attorney as quickly as possible. Time is of the essence.
Damage Caps
Compensation amounts for medical malpractice victims are not a “free for all” in Virginia. Virginia malpractice law places limits on damages (the compensation that a victim seeks) that can be awarded to a victim. There are several types of damages, including:
- Compensatory
- Non-economic
- Punitive
Virginia malpractice law caps the amount of damages that a victim can be awarded at $2 million. The cap for punitive damages is $350,000.
Your Next Step
Whether your injury is a misdiagnosis, a prescription drug error, or complication with a procedure, the experienced team at Tavss Fletcher can help you get the compensation you deserve. We have helped hundreds of medical injury victims recover for their damages.
We have the knowledge and reputation necessary to see your case to the end. In addition, we know how to battle insurance companies and will not let them take advantage of your circumstances.
One of our experienced Virginia medical malpractice attorneys at Tavss Fletcher is ready to help you if you have been injured at the hands of a nurse, doctor, or other healthcare professional. Call us today at (757) 625-1214 to learn more about your medical injury case.