When you see a doctor or other health care provider, you expect that you will receive caring and professional treatment. Unfortunately, many medical professionals fail to meet the standard of care that their patients deserve. Because of their negligence, patients can sustain serious injury, and families can suffer the loss of a loved one.
For more than 100 years, the attorneys of Marks & Harrison have aggressively protected the rights of injury victims and their families in Richmond and throughout Virginia. We know the devastation that medical malpractice causes. As one of the largest personal injury law firms in the state, we have the resources that it takes to pursue justice for harmed patients and their loved ones.
If you believe that a negligent health care provider has hurt you or a family member, we want to help you to seek all compensation you are due. Contact us today to talk about your case. We can provide a free, confidential consultation through our Richmond office or any of our eight other offices located throughout Virginia.
If you are merely unsatisfied with the results of a surgery or other treatment, it does not necessarily mean that you are the victim of medical malpractice. Instead, medical malpractice occurs when:
“Standard of care” refers to the practices and procedures that a reasonable health care provider in that same specialty and geographical area would follow.
A medical malpractice claim typically involves a doctor and the clinic or hospital that employs the doctor. However, any health care provider can be the subject of a medical malpractice lawsuit if their negligence harms a patient under their care, including:
At Marks & Harrison, we can help you to determine whether you have the right to bring a claim against a medical professional who harmed you, or if you should pursue a different type of claim against a non-medical professional. For instance, if you suffered injury or illness due to a defective medical device or prescription drug, you typically would pursue a product liability lawsuit – not a medical malpractice claim.
Through the years, the personal injury lawyers of Marks & Harrison have helped patients and their families in a wide range of medical malpractice cases. Some common types of medical malpractice that our lawyers encounter include:
In many cases, doctors may fail to get a patient’s “informed consent.” For instance, a doctor may prescribe a drug to a patient without fully informing the patient about the drug’s side effect risks or telling the patient that the drug is part of an experimental program.
If you believe that you or a loved one suffered harm due to medical malpractice, you should seek help from Marks & Harrison without delay. We will provide a free and confidential consultation that is aimed at finding out what happened to you and answering all of your questions.
In order to prepare for that consultation, you should consider taking these two steps:
However, if you cannot complete both or either of these steps, do not let it stop you from seeking legal assistance.
At Marks & Harrison, we know that the strength of a medical malpractice claim largely depends on two factors:
The medical malpractice attorneys of Marks & Harrison believe in preparing cases for success at trial. Taking that approach often allows our legal team to resolve cases through medical malpractice settlements, including settlements that result from mediation. Ultimately, a settlement can avoid a great deal of time and expense. However, if necessary, we will be ready to present the strongest case possible in the courtroom.
Additionally, we can assist if your case goes before a medical review panel, which will determine whether the claim has any merits. The review panel’s findings can play an important role in a case. Although the findings are not binding, they can be used as evidence at trial.
Our law firm represents medical malpractice victims on a contingency fee basis. This means that you will pay no legal fees or upfront costs unless we secure a verdict or settlement on your behalf.
At Marks & Harrison, our goal will be to seek the answers you deserve about the medical treatment that harmed you or your loved one as well as to pursue all compensation you are entitled to receive. The damages we seek on your behalf in a medical malpractice claim may include:
If medical malpractice caused the wrongful death of a loved one, Marks & Harrison can seek different damages on your behalf such as compensation for funeral expenses and the loss of your loved one’s financial support.
Virginia limits the total amount of damages – economic, non-economic and punitive damages combined – that the plaintiff in a medical malpractice lawsuit can recover. The limit depends on when the negligent act or omission occurred. For instance, if it occurred between July 1, 2016 and June 30, 2017, the limit would be $2.25 million. The limit is set to increase by $50,000 every year through 2031, when it reaches $3 million.
In some cases, a negligent medical care provider will argue that the patient’s own negligence contributed to his or her injury or illness. For instance, a doctor may claim that a patient failed to follow the prescribed course of treatment. Under Virginia’s contributory negligence law, a plaintiff who is even slightly at fault may be barred from recovering anything in a lawsuit.
Marks & Harrison knows how health care providers and their insurers operate when they face a medical malpractice claim. We will vigorously protect your rights and counter any attempts to put undue blame on you.
As you consider taking legal action against a negligent doctor, hospital or other health care provider, you will need to pay close attention to the Virginia statute of limitations for medical malpractice claims. You lose the right to a recovery if you fail to file a lawsuit before the statute of limitations expires.
Generally speaking, you must file a lawsuit within two years after the date of your injury or within two years after a loved one’s death. However, exceptions exist such as:
Additionally, if the medical malpractice victim is a child under age 8, you must bring the claim on the child’s behalf by the date of his or her 10th birthday. If the child was older than age 8 when the medical negligence occurred, you must file the lawsuit within two years from the date of the negligent act or omission (unless an exception applies).
An experienced medical malpractice lawyer from Marks & Harrison will carefully review the facts of your case, determine the time limit that applies to you and timely file any claim on your behalf. However, due to the need to collect evidence and consult with experts, you should contact our law firm as early as possible in order to ensure that we have adequate time to prepare your case.
With more than 100 years of personal injury law experience, a team of 20 lawyers and skilled, talented and highly dedicated team of paralegals and investigators, Marks & Harrison has the background and resources you need for your medical malpractice claim.
Contact us today to discuss your case in a free consultation. We can serve you from our office in Richmond or one of our eight other offices in Virginia.