At Tronfeld West & Durrett, we’ve been fighting for medical malpractice victims across Virginia for over 50 years. As dedicated personal injury lawyers in Virginia, we’ve seen the devastating impact medical negligence can have on individuals and their families, and we don’t shy away from holding doctors, hospitals, and insurers accountable.
With a proven track record of securing compensation in some of the most challenging malpractice cases, we’re here to use that experience and fight for the justice you deserve.
How a Medical Malpractice Lawyer At Tronfeld West & Durrett Can Help with Your Case in Virginia
When it comes to medical malpractice, experience and attention to detail are non-negotiable. Our seasoned malpractice attorneys have spent decades navigating Virginia’s medical malpractice laws and standing up to negligent healthcare providers and their insurers. We offer comprehensive legal support to manage every stage of your claim, including:
- Investigating claims and medical records: We thoroughly examine your medical records and the healthcare provider’s actions to determine whether and how negligence occurred.
- Collaborating with medical experts: We work closely with respected medical professionals who can provide testimony on the standard of care and how it was breached in your case.
- Calculating damages for past and future medical care: Our attorneys assess the full scope of your damages, including medical bills, future care needs, lost wages, and non-economic damages like pain and suffering.
- Negotiating with insurance companies: We handle all negotiations with insurers, counteracting their tactics to minimize payouts and fighting for a fair settlement that fully compensates you for your losses.
Medical malpractice cases require not only legal expertise but also a firm grasp of medical issues and insurance practices. Having an attorney who understands both sides of this complex equation can be the difference between settling for less and getting the compensation you deserve.
Our case results speak for themselves, demonstrating our proven track record of securing multi-million dollar settlements for medical negligence victims across Virginia. We’re committed to achieving the same outstanding results for you.
What Constitutes Medical Malpractice in Virginia?
According to Virginia Code § 8.01-581.1, medical malpractice occurs when a healthcare provider fails to deliver the standard of care a reasonably prudent provider would’ve given under similar circumstances, causing personal injury or wrongful death to the patient.
For a successful claim, you must prove the provider’s actions directly caused the injury or death. To do so, your medical malpractice attorney will investigate the accident, gather medical records, consult with expert witnesses, and meticulously review the evidence to demonstrate how the provider’s negligence led to the harm.
The Burden of Proof in Virginia Medical Malpractice Cases
In Virginia, the plaintiff—the injured party in a medical malpractice case—bears the burden of proof. This means that it is the responsibility of the plaintiff and their legal team to prove that the healthcare provider’s negligence directly caused the injury or illness. The burden of proof in medical malpractice involves three key elements:
- Negligence: The plaintiff must provide evidence, including medical records and expert testimony, to show that the healthcare provider failed to meet the accepted standard of care. This requires demonstrating that the provider acted negligently or deviated from what a reasonably prudent healthcare professional would have done under similar circumstances.
- Causation: It must be proven that the provider’s negligent actions directly caused the injury or illness. This means showing a clear link between the provider’s conduct and the harm suffered by the patient.
- Significance of Injury: The plaintiff must demonstrate that the resulting injury or illness is significant enough to justify financial compensation. Minor or insignificant injuries may not be sufficient for a medical malpractice claim. For example, a small cut that heals quickly might not meet the legal threshold for a malpractice lawsuit.
Meeting these burdens of proof requires a meticulous review of evidence, expert analysis, and a deep understanding of both medical and legal standards.
Common Types of Medical Malpractice Cases We Handle
In our 50+ years of experience, we’ve handled all sorts of medical malpractice cases. Each case presents unique challenges and requires a personalized legal strategy that maximizes compensation. Overall, the most common cases we handle include:
- Surgical errors: Mistakes during surgery, such as operating on the wrong body part or leaving instruments inside the patient.
- Misdiagnosis and delayed diagnosis: Failing to diagnose a condition in a timely manner, which can lead to unnecessary complications or worsened conditions.
- Birth injuries: Injuries to infants during labor or delivery stem from improper use of tools or failure to manage complications.
- Medication errors: Prescribing the wrong drug or dosage, or ignoring dangerous interactions can lead to diverse health risks and long-term consequences.
- Anesthesia mistakes: Improper anesthesia dosages or failure to monitor the patient may cause brain damage, paralysis, or even death.
We’re ready to listen to your story and help you build a strong medical malpractice case. We believe each case is unique and deserves the highest level of service—regardless of its size.
Damages for Medical Malpractice in Virginia
When pursuing a medical malpractice claim in Virginia, victims can seek compensation for a variety of damages. These damages are meant to address the financial, physical, and emotional toll caused by medical negligence.
1. Economic Damages
Economic damages cover the tangible, out-of-pocket expenses directly resulting from the malpractice. These damages may include:
- Medical Bills: Compensation for past and future medical expenses, including hospital bills, surgeries, rehabilitation, and ongoing treatment.
- Lost Wages and Future Income: Damages for the time missed from work, as well as any loss of future earning capacity due to long-term or permanent injuries.
- Rehabilitation Costs: Compensation for physical therapy or specialized care needed to recover from injuries.
- Other Financial Burdens: Any additional expenses directly related to the malpractice, such as home modifications for disability, transportation to medical appointments, and other related costs.
2. Non-Economic Damages
Non-economic damages address the more intangible, personal impacts of the injury. These damages may include:
- Pain and Suffering: Compensation for the physical pain endured as a result of the medical negligence.
- Emotional Distress: Damages for the emotional suffering, such as anxiety, depression, and trauma, caused by the incident.
- Loss of Enjoyment of Life: Compensation for the diminished ability to engage in hobbies, family activities, or other parts of life that were enjoyed before the injury.
- Loss of Consortium: Compensation for the negative impact on marital relationships and the loss of companionship with a spouse due to the injuries.
3. Punitive Damages
In cases where the healthcare provider’s actions are deemed particularly reckless, willful, or malicious, punitive damages may be awarded. These damages go beyond compensating the victim and are intended to punish the defendant and prevent similar misconduct in the future.
4. Wrongful Death Damages
If the medical malpractice results in the death of a loved one, the surviving family members may pursue wrongful death damages. These can include:
- Funeral Expenses: Compensation for burial and funeral costs.
- Loss of Financial Support: Damages for the loss of income or financial contributions the deceased would have provided.
- Loss of Companionship: Compensation for the emotional toll and loss of companionship suffered by family members.
- Emotional Trauma: Damages to address the emotional distress experienced by surviving family members as a result of the death.
What is the Medical Malpractice Cap in Virginia?
In Virginia, medical malpractice cases are subject to a cap on the total amount of damages a plaintiff can recover. As of now, the total recoverable amount is capped at $2.60 million for cases involving injury or wrongful death caused by medical negligence, according to Virginia Code § 8.01-581.15.
The cap applies regardless of the severity of the injury or the amount of financial loss suffered by the victim. While the cap limits the total recovery, having experienced legal representation ensures you can maximize the compensation you’re entitled to.
How to File a Medical Malpractice Claim in Virginia
Navigating personal injury lawsuits in Virginia involves a structured approach consisting of various steps. Below is a general outline of the process:
- Consult with a medical malpractice lawyer: The first step is to consult with an attorney experienced in medical malpractice to evaluate the merits of your case.
- Obtain medical records: Your lawyer will gather all relevant medical records to review the care you received, determine liability, and prove negligence.
- File a notice of claim with the healthcare provider: In Virginia, you must notify the healthcare provider of your intent to file a malpractice claim before proceeding with a lawsuit.
- Consult medical experts for testimony: Medical experts will review your case and provide opinions on how the standard of care was violated to support your claim.
- File the lawsuit within the statute of limitations: It’s crucial to file your lawsuit within Virginia’s statute of limitations for medical malpractice.
Statute of Limitations for Medical Malpractice in Virginia
In Virginia, medical malpractice lawsuits must generally be filed within two years from the date of the injury. This deadline is known as the statute of limitations, and it applies to most medical malpractice cases in the state.
However, certain circumstances can extend the statute of limitations, giving victims more time to file their claims. These exceptions include:
- Disability: If the patient suffers from a disability as a result of the malpractice, the statute of limitations may be extended.
- Minors: When the victim is a child, different time limits may apply.
- Misdiagnosis: If the malpractice involves a misdiagnosis, the statute may start from the date the condition was discovered rather than the date of the initial error.
- Retained Objects: In cases where surgical tools or foreign objects are left inside the patient’s body, the clock on the statute of limitations may not start until the object is discovered.
Because the statute of limitations is complex and may vary based on the specifics of your case, it’s important to consult a qualified Virginia medical malpractice lawyer to determine the exact deadlines that apply to your situation.
Serving Medical Malpractice Victims Across Virginia
Whether you’ve experienced a surgical error, a misdiagnosis, or another form of medical negligence, we’re here to help you hold those responsible accountable.
We proudly serve clients in key cities across Virginia, including:
- Richmond
- Norfolk
- Chesapeake
- Fredericksburg
- Virginia Beach
- Alexandria
- Petersburg
- Mechanicsville
- Chesterfield
- Newport News
Our firm is committed to providing the personalized attention and dedicated legal strategies you need to pursue justice. We understand how medical malpractice can impact your life—and we’re prepared to fight for the compensation you deserve without any upfront costs.
Contact a Virginia Medical Malpractice Lawyer for a Free Consultation
If you think you have a medical malpractice case in Virginia, schedule a free consultation with Tronfeld West & Durrett. Our experienced team can assess your case, estimate its potential value, and advise on the best legal strategies. You can explore your options without any upfront cost, as there are no fees unless we win your case. Contact us today to schedule your free consultation and take the first step toward justice.