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Do you believe a healthcare provider’s mistake caused you harm? You could be entitled to recover compensation through a medical malpractice claim. These cases demand strong evidence and strict attention to Virginia law. Working with an experienced Fredericksburg medical malpractice lawyer can make all the difference in protecting your rights.
Marks & Harrison has stood up for injured patients like you since 1911. In that time, we have recovered millions of dollars for those we represent. We know how to investigate medical errors, consult knowledgeable medical experts, and pursue the fair compensation you deserve.
Contact us today to arrange your free consultation and learn more about what a Fredericksburg medical malpractice attorney at Marks & Harrison can do for you.
What Is Medical Malpractice?
Medical malpractice happens when a healthcare provider fails to meet accepted standards of care, and their patient suffers harm. The standard of care is the level of informed care that a reasonably skilled professional would provide.
Malpractice cases require strong evidence that a provider failed to meet this standard. You need more than proof of a merely negative health outcome. Typically, you will need expert testimony to show that your provider acted or failed to act in a way that another provider with similar training would. A medical expert’s insights, medical records, and other evidence can form the foundation of a malpractice case.
What Are Examples of Medical Malpractice?
Medical malpractice takes many forms. No two cases are the same. Patients can suffer harm from mistakes during diagnosis, treatment, or follow-up care. Below are examples of medical malpractice:
- Surgical errors
- Birth injuries
- Failures to diagnose
- Missed or delayed diagnoses
- Medication errors
- Emergency room errors
- Anesthesia errors.
Who Can Be Liable for a Medical Malpractice Claim in Fredericksburg?
Liability in a Fredericksburg medical malpractice case can extend beyond doctors. Surgeons, anesthesiologists, nurses, and other medical professionals may all face liability. Hospitals and clinics can also be held accountable if their employees acted negligently or if systemic failures, such as poor staffing or training, contributed to the harm. In some cases, more than one party might share responsibility.
Our malpractice attorneys carefully review medical records, facility policies, and witness accounts to determine liability. We aim to identify all potentially liable parties and seek appropriate compensation from all possible sources.
How Can a Fredericksburg Medical Malpractice Attorney Help Me?
A medical malpractice attorney can handle every part of your claim while you focus on your health. They can review medical records, consult with experts, and identify where your provider failed to follow accepted medical standards. They can also handle communication with insurers and defense counsel, so you never have to worry about what to say.
Building a strong malpractice case takes detailed evidence and clear testimony, which your lawyer can secure and present in court if necessary. Your attorney can also negotiate a settlement to resolve your claim without trial if that makes more sense.
At Marks & Harrison, our role is to protect your rights and pursue fair compensation for the harm you suffered.
What Is the Standard of Proof in a Fredericksburg Medical Malpractice Case?
Virginia law places the burden of proof on you, the patient, in a medical malpractice claim. The standard of proof for these cases is a “preponderance of the evidence,” meaning you must show it is more likely than not that your provider’s negligence caused your injury. This standard requires clear, persuasive evidence such as expert opinions, detailed records, and testimony about your condition before and after treatment. Courts in Virginia do not accept speculation or assumptions. Your evidence must demonstrate a breach of the standard of care and directly link that breach to the harm you suffered.
What Evidence Can Prove a Healthcare Professional Was Negligent?
Strong evidence forms the core of every medical malpractice case in Virginia. Without credible and detailed proof, a case cannot proceed in court. Here are some of the types of evidence you might need to prove healthcare provider negligence in Virginia:
- Medical records showing your condition before and after treatment
- Expert testimony explaining how your provider failed to meet accepted medical standards
- Testimony from other witnesses, such as nurses or family members, to provide additional context
- Diagnostic results, imaging studies, and reports that link your provider’s mistakes to your injury.
What Damages Could I Seek in a Fredericksburg Medical Malpractice Lawsuit?
Victims of medical negligence in Fredericksburg can pursue economic and non-economic damages. Economic damages include compensation for measurable costs like hospital bills, rehabilitation costs, and income losses. Non-economic damages compensate for harder-to-measure losses, such as physical pain, emotional suffering, and reduced quality of life.
In rare cases, patients can recover punitive damages from providers who acted with intentional malice or extreme disregard for safety. The types and amount of compensation will vary depending on the specific facts and evidence in each case.
Does Virginia Have Caps on Medical Malpractice Compensation?
Virginia law limits how much you can collect in Virginia medical malpractice cases. For injuries occurring between July 1, 2024, and June 30, 2025, the cap is $2.65 million. The cap increases by $50,000 each year. So, for injuries occurring between July 1, 2025, and June 30, 2026, the cap is $2.70 million, and so on.
Virginia also places a $350,000 cap on punitive damages. Because these caps can affect the value of your case, it’s best to work with an attorney who can explain which limits apply and will know how to demand maximum compensation on your behalf.
What Is the Statute of Limitations for a Medical Malpractice Claim in Virginia?
Virginia’s statute of limitations sets a strict deadline for medical malpractice lawsuits. In most cases, you have two years from the date of the injury to bring a lawsuit. Certain exceptions exist, such as cases involving minors, fraud, or injuries that are not immediately discoverable. If you miss the deadline, your right to seek compensation could end, regardless of how strong your claim might be. Exceptions to these deadlines are limited and often complex. So, you should act quickly to preserve your rights. An attorney can review the facts of your case and work quickly to keep everything on track.
Contact a Fredericksburg Medical Malpractice Lawyer
If you suffered harm because of a medical error, the team at Marks & Harrison wants to hear from you. We offer the resources of a law firm with 32 personal injury attorneys and more than 130 support staff members, including investigators who previously worked in law enforcement and insurance claims. We’re ready to go to work for you. Contact us now for your free consultation to tell us your story and discuss how we can help you recover.
