Roanoke Medical Malpractice Lawyer

When you go in for a routine medical checkup or treatment, you expect competent care that doesn’t harm you. However, medical malpractice can lead to severe injuries, worsen existing medical conditions, and cause further medical expenses, lost wages, and other losses for victims.

If you were injured due to a medical provider’s negligence, contact Marks & Harrison at our Roanoke office for a free consultation with a knowledgeable and experienced medical malpractice lawyer. We can review your case and help you understand your options for seeking compensation.

What Is Medical Malpractice?

Medical malpractice refers to a medical provider’s negligent actions or inactions that cause injury to a patient. For an action to be negligent, it must go against the established standard of care. For example, if you undergo a risky surgery and something goes wrong, it may not necessarily involve malpractice. However, if the surgeon did not take reasonable steps to prevent complications from arising, it may amount to medical malpractice.

What Are Examples of Medical Malpractice in Roanoke?

Medical malpractice can take many forms. It may result from medical providers taking improper action, or it may result from providers failing to take necessary actions. Examples of medical malpractice in Roanoke, VA, include:

• Misdiagnosis or delayed diagnosis, leading to the patient not receiving timely treatment for their injury or illness
• Prescription drug errors, including administering the incorrect drug or dosage, or failing to account for interactions with other medications
• Surgical errors, including operating on the wrong body part or leaving surgical instruments within the patient’s body
• Birth injuries caused by improper procedures, which often lead to lifelong disability.

What Is the Most Common Type of Medical Malpractice Claim?

Many medical malpractice claims involve misdiagnoses, delayed diagnoses, or failures to diagnose. When a doctor misdiagnoses a patient, it can lead to the patient receiving unnecessary medical care or failing to receive necessary medical care. In either case, this negligence can result in harm and major medical costs.

Delayed diagnoses are similar in that they can delay a patient’s necessary treatment. For example, if you have clear signs of a medical condition like diabetes, a delayed diagnosis can result in medical complications that have permanent effects on your body and life.

How Do You Prove Medical Malpractice in Virginia?

To prove medical malpractice in Virginia, you must establish four key elements:

• Duty of care — You must prove that the medical provider owed you a duty of care by demonstrating that you had a doctor-patient or other similar relationship. When you visit a medical provider, they are legally obligated to provide competent care.
• Breach of duty — You must show that the medical provider breached the duty of care they owed you. Your lawyer may consult with medical professionals and offer their testimony as expert witnesses.
• Causation — You must prove that the breach of duty contributed to your injuries. For example, if a doctor failed to diagnose a medical condition, the delayed diagnosis may have caused your condition to worsen before you received treatment.
• Damages — Finally, you must establish that you suffered losses caused by the medical malpractice. These losses may include additional medical expenses, lost wages, emotional distress, or pain and suffering.

Who Can Be Held Liable for Medical Malpractice?

Depending on how the malpractice occurred, multiple parties could be liable for your damages. These parties include doctors, nurses, anesthesiologists, pharmacists, and healthcare facilities like hospitals. Any medical provider who contributed to your injuries could be liable. Working with a medical malpractice lawyer who can identify them will be vital for seeking maximum compensation.

What Compensation Can You Seek in a Medical Malpractice Claim?

Through your medical malpractice claim, you may be able to recover compensation for several types of losses. The most common losses medical malpractice victims seek compensation for in Roanoke include:

• Past and future medical expenses, including for additional surgeries, treatments, or physical therapy
• Lost wages and loss of future earning capacity caused by your injuries
• Physical pain and suffering caused by the injuries you sustained due to medical malpractice
• Emotional distress caused by medical malpractice, such as a misdiagnosis that led to anxiety or other emotional conditions
• Permanent disability caused by malpractice.

Virginia law limits the compensation you can recover in a medical malpractice lawsuit depending on when your medical malpractice occurred. For injuries occurring between July 1, 2025, and June 30, 2026, the limit is $2.7 million. The limit adjusts each year to account for inflation and changes in the cost of living.

Contact a Roanoke Medical Malpractice Attorney

Since 1911, Marks & Harrison has provided comprehensive legal support for injury victims, recovered more than $1 billion on behalf of our Virginia clients, and established a record of success in some of the largest cases in the state’s history.

Our highly skilled team consists of 32 personal injury attorneys and over 130 support personnel, including research attorneys, in-house investigators, and lawyers who previously worked for insurance companies. Contact our firm today for a free consultation about your medical malpractice case and learn more about how we can help you seek compensation to help you move forward.