Virginia Beach Medical Malpractice Lawyer
At Tronfeld West & Durrett, we bring over 50 years of combined experience in handling medical malpractice cases, securing millions in compensation for our clients who have suffered due to medical negligence. Our team of dedicated personal injury lawyers in Virginia Beach is committed to providing comprehensive legal representation, ensuring that every aspect of your case is meticulously examined and that your rights are vigorously defended.
Medical Malpractice Lawyers in Virginia Beach – Over 50 Years of Experience and Millions Secured to Our Clients
Choosing Tronfeld West & Durrett to handle your medical negligence case means partnering with a team that not only has a proven track record of success but also values the attorney-client relationship.
We offer a free initial consultation to evaluate your case and discuss potential compensation based on your specific situation. Our past successes, such as securing a $10 million verdict for negligent medical care and a jury awarding $1 million for medical malpractice, demonstrate our commitment to achieving justice for our clients, regardless of the size of the case. Here’s how we can assist you:
- Case evaluation: We conduct a thorough review of your medical records and consult with medical experts to establish the breach of standard care.
- Legal strategy development: Tailoring a legal strategy that aligns with the specifics of your case, ensuring the best possible outcome.
- Negotiation with insurance companies: Leveraging our expertise to negotiate fair settlements with insurance companies, often avoiding the need for a trial.
- Trial representation: If your case goes to trial, we provide experienced courtroom representation, presenting a compelling case on your behalf.
For answers to your questions about a medical malpractice in Virginia Beach, call:
800-321-6741
What Constitutes Legal Malpractice in Virginia?
The state’s laws determine legal malpractice in the medical profession by whether the standard of care has been violated. This standard is the degree of prudence and caution required of a medical professional under similar circumstances. Specifically, Virginia Code § 8.01-581.20 provides a framework for handling these cases, stating that a healthcare provider must exercise the degree of skill and diligence practiced by a reasonably prudent practitioner in the field. Standard is not static but evolves with advancements in medical science and technology that are accepted by the scientific community.
When this standard is broken, you may have a medical malpractice case and be entitled to claim compensation. However, to prove negligence in medical malpractice, it is necessary to demonstrate several key elements:
- Duty of care: The healthcare provider owed a duty to the patient, established by the doctor-patient relationship.
- Breach of duty: The provider failed to adhere to the standard of care as defined by Virginia law and medical practice.
- Causation: There must be a direct link between the breach of duty and the harm suffered by the patient. This causal connection is critical and often requires expert testimony to establish.
- Damages: The patient suffered actual harm or damages as a result of the breach. This can include physical injuries, financial losses, and emotional distress.
Understanding these elements and the specific codes that define the standard of care in Virginia is crucial for anyone pursuing a medical malpractice claim.
We leverage our experience, along with a network of medical experts, to build compelling cases for our clients, ensuring that their rights are protected and that they receive the compensation they deserve for the harm they have suffered.
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Medical Mistakes Can Have Serious Repercussions – Seek Legal Help to Claim Compensation
The impact of medical mistakes cannot be overstated; they can lead to long-term health issues, emotional distress, and financial burdens that affect not only the victims but their families as well.
Damages You Can Claim in Medical Malpractice Cases
Virginia law acknowledges the profound impact that medical malpractice can have on a patient’s life. As such, the state provides legal resources for victims to claim compensation for the damages they’ve incurred. According to Virginia law, victims of medical malpractice can seek various forms of damages, including but not limited to:
- Medical expenses: Costs for past and future medical treatment related to medical negligence.
- Lost wages: Compensation for income lost due to the inability to work, both presently and projected into the future.
- Pain and suffering: Compensation for physical pain and emotional distress resulting from the medical error.
- Loss of consortium: Damages awarded to the spouse of the victim for the loss of companionship and support.
- Punitive damages: When there’s reckless and intentional negligence, the court can impose punitive damages to penalize the offender and discourage such behavior in the future.
We are committed to ensuring that you receive the compensation you rightfully deserve, reflecting the true cost of the medical malpractice in your life.
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Common Types of Medical Malpractice Cases We Handle in Virginia Beach
There are numerous forms of medical malpractice, each presenting distinct difficulties and consequences for the victim. At Tronfeld West & Durrett, we’ve built considerable expertise in dealing with a variety of medical malpractice cases throughout Virginia, including:
- Surgical errors: Mistakes made during surgery, such as operating on the wrong site or leaving surgical instruments inside the patient.
- Misdiagnosis or delayed diagnosis: Failing to correctly diagnose a condition in a timely manner, leading to worsened outcomes.
- Birth injuries: Negligence during childbirth that results in injury to the baby or mother.
- Medication errors: Prescribing the wrong medication or dosage, causing harm to the patient.
- Failure to treat: Not providing the necessary treatment for a diagnosed condition, resulting in further complications.
- Medical device errors: Using or recommending faulty medical devices that cause injury.
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Requirements for a Medical Malpractice Claim in Virginia Beach
Establishing a viable medical malpractice claim requires meeting specific legal requirements. Without these elements, the case may not have the foundation necessary to pursue compensation successfully. Here’s a closer look at what each requirement entails and why it’s essential.
Establishing a Doctor-Patient Relationship
In any malpractice claim, proving the existence of a doctor-patient relationship is the starting point. This relationship signifies that the healthcare provider owed a duty of care to the patient, meaning they were legally responsible for delivering a certain level of competent treatment. Simply put, a healthcare provider cannot be held liable for malpractice without a confirmed duty of care. Evidence like treatment records, prescriptions, appointment confirmations, and even communications between the provider and patient are essential to establish this foundational relationship.
If you consulted a healthcare provider, but they did not officially diagnose, treat, or offer guidance related to your health condition, it may be challenging to prove a doctor-patient relationship. This documentation establishes that the provider was engaged with your care, making them accountable under Virginia’s medical malpractice statutes.
Negligent Conduct by the Healthcare Provider
The next step in a malpractice claim is to demonstrate negligent conduct by the healthcare provider. Proving negligence means showing that the healthcare provider’s actions deviated from the standard of care, which the Virginia Code defines as the level of skill and diligence a similarly trained and experienced provider would demonstrate under similar circumstances. Essentially, you’ll need to prove that the provider failed to do what a reasonably skilled provider would have done in a comparable situation.
Negligence can manifest in various forms, including:
- Errors in diagnosis or treatment: This may involve misdiagnosing a condition, failing to recognize symptoms that other providers would detect, or giving a diagnosis that leads to unnecessary treatment. Delayed diagnosis is also a common form of malpractice when a timely diagnosis could have improved the patient’s condition.
- Surgical mistakes: Surgery carries inherent risks, but certain errors are preventable and fall under negligence. Examples include operating on the wrong body part, leaving instruments inside the body, or using improper surgical techniques. Such mistakes often lead to additional surgeries, infections, and extended recovery times, impacting the patient’s life significantly.
- Lack of appropriate follow-up care: Following medical procedures, patients need adequate instructions and monitoring to ensure proper recovery. Failing to provide necessary post-treatment care, such as not prescribing antibiotics after surgery or failing to monitor the patient’s condition, constitutes negligence. This aspect is often overlooked but plays a crucial role in patient safety.
The negligent conduct must be directly linked to the harm experienced, which usually requires expert medical testimony. Our attorneys work closely with trusted medical professionals who review your records and testify on how the standard of care was breached, which strengthens the validity of your claim.
How Long Do You Have to File a Medical Malpractice Suit?
In Virginia, the statute of limitations for filing a medical malpractice lawsuit is governed by Virginia Code § 8.01-243, which generally allows two years from the date the injury occurred or was discovered to bring a claim. However, there are exceptions to this rule that can extend or limit the time frame. For instance, for cases involving minors or instances where the injury was not immediately discoverable due to its nature, the statute of limitations may be extended. Conversely, there are also scenarios, such as when a foreign object is left in a patient’s body, where specific rules apply.
Given the complexities surrounding these timelines, it’s crucial to consult with a medical malpractice attorney as soon as possible to ensure your rights are protected and your case is filed within the appropriate time frame.
How Much Does It Cost to Hire a Malpractice Attorney in Virginia Beach?
Hiring a medical malpractice attorney is a significant decision, especially when already managing financial strain from medical expenses. To ensure clients have the best access to legal representation without upfront costs, most attorneys, including our team at Tronfeld West & Durrett, operate on a contingency fee basis.
Here’s how this structure works and what you can expect financially throughout the legal process.
Contingency Fees
In medical malpractice cases, attorneys typically work on a contingency fee basis, which means the client only pays legal fees if the attorney successfully recovers compensation. This fee is usually a percentage of the total settlement or award, with most attorneys charging between 30% and 40%. The structure is beneficial because it aligns the attorney’s goals with yours—both are motivated to secure the maximum possible compensation. In highly complex cases, such as those involving long-term injuries or requiring expert testimony, this percentage may lean towards the higher end due to the increased resources and time commitment.
Free Initial Consultation
Recognizing the initial uncertainty, many medical malpractice attorneys provide a free initial consultation. This first meeting is a chance to discuss your case, explore potential legal strategies, and evaluate whether the attorney’s expertise aligns with your needs. At Tronfeld West & Durrett, we prioritize transparency, so you’ll leave the consultation with a clear understanding of the case’s strength, potential outcomes, and next steps without any financial commitment.
No Upfront Costs
Working with a contingency-based law firm means you won’t face upfront fees or retainer costs, which is especially important for clients already facing steep medical bills or lost wages due to their injury. This approach allows you to pursue justice and compensation regardless of your immediate financial situation.
Additional Costs
While contingency fees cover the attorney’s services, there are sometimes additional expenses in a malpractice case that clients should consider. These costs often cover:
- Court fees: Filing fees and other court-related expenses are necessary in cases that go to trial. These fees help keep the legal process moving but can add up depending on the complexity of the case.
- Expert witness Fees: Medical experts are often essential in malpractice cases to demonstrate that a healthcare provider failed to meet the standard of care. These experts provide testimony on how your treatment deviated from acceptable practices, and their fees reflect their professional input.
- Litigation expenses: Collecting evidence, depositions, and other trial preparation measures may incur additional costs. However, these are generally only payable upon successful recovery, so the client doesn’t pay them out of pocket upfront.
Our dedicated medical malpractice attorneys at Tronfeld West & Durrett are committed to providing accessible, high-quality legal services, and we understand the financial stress clients endure. We work tirelessly to maximize compensation without burdening you with upfront costs, allowing you to focus on recovery and rebuild your life.
Seek Legal Help From Expert Medical Malpractice Attorneys in Virginia Beach: We’re Big Enough to Handle Any Case
At Tronfeld West & Durrett, our team of expert medical malpractice attorneys in Virginia Beach has the knowledge, experience, and resources to handle any case, no matter its complexity. If you believe you or a loved one has been a victim of medical malpractice, don’t wait. Contact us today for a free consultation to discuss your case and explore your legal options.
Our goal is to provide you with the support and representation you need to achieve the best possible outcome.
Call or text 800-321-6741 or complete a Free Case Evaluation form