Charlottesville Medical Malpractice Lawyer

Team of surgeons in the operating room.

Do you know or suspect that a health care provider harmed you because of a medical mistake in Charlottesville? Medical malpractice can be challenging, especially when a health care provider fights hard to avoid responsibility. You shouldn’t try to take on hospitals or insurance companies by yourself.

Marks & Harrison has recovered millions of dollars for injured clients and their families. Our team of experienced medical malpractice attorneys, investigators, and support staff knows how to build strong claims, work with medical experts, and fight for the results you deserve.

Contact us today for a free consultation through our Charlottesville office. A knowledgeable personal injury lawyer from our law firm can review your case, discuss your options, and explain how the medical malpractice legal process works.

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, and that failure causes you harm. Virginia personal injury law requires you to prove the following elements to bring a malpractice claim:

  • Duty of care – A provider-patient relationship that creates a duty of care for the provider must exist.
  • Breach – The provider must have failed to uphold that duty through actions or inaction, such as misdiagnosing you or making a surgical mistake.
  • Causation – The failure must have directly contributed to your injury, which often requires consultation with medical experts to establish.
  • Damages – Finally, you must show that you suffered measurable losses like medical costs, lost income, or pain and suffering due to the malpractice.

What Are Examples of Medical Malpractice in Charlottesville?

Medical malpractice involves a provider failing to act as another qualified provider in the same situation. The common thread in each of the following types of medical malpractice cases is serious injury caused by a healthcare provider who did not follow accepted medical standards:

  • Surgical errors
  • Birth injuries
  • Failures to diagnose
  • Missed or delayed diagnoses
  • Medication errors
  • Emergency room errors
  • Anesthesia errors.

How Can You Prove a Charlottesville Medical Negligence Claim?

Malpractice claims can be challenging to prove. They require strong evidence and may involve competing medical opinions. Patients may have existing health issues, which makes it even harder to show that a provider’s mistake caused their injury or the wrongful death of a loved one. Defense teams frequently argue that other factors caused the injury. Courts typically require expert testimony to explain how the medical professional violated the standard of care and whether the error caused harm.

A malpractice lawyer can help you prove your claim by gathering medical records, consulting knowledgeable medical professionals, and building a clear case that connects the provider’s negligence to your injury. An experienced medical malpractice lawyer will have the experience necessary to break down the medical jargon and present your case clearly and convincingly.

What Steps Should You Take If You Believe You Are the Victim of Medical Malpractice?

If you suspect medical malpractice has harmed you in Virginia, you should collect your medical records and document your experience. Write down what happened, when it happened, and who was involved. Avoid discussing your concerns with your provider until you get legal advice.

Next, contact a medical malpractice lawyer as soon as possible. They can review your records, consult medical experts, and determine whether you have grounds for a malpractice claim.

Don’t wait to get started. Prompt action on your part will make it easier for your attorney to preserve valuable evidence and protect your rights.

How Can a Charlottesville Medical Malpractice Attorney Help Me With My Case?

A Charlottesville medical malpractice lawyer can guide you through every stage of your claim. They’ll start by reviewing your medical records and identifying where your provider failed to uphold the standard of care. They will likely work with medical experts who can explain how the provider’s actions caused your injury.

Your attorney can also gather evidence to show the full impact of the harm you suffered, including your medical expenses, missed paychecks, and ongoing health problems. With this evidence in hand, they can negotiate directly with insurers and, if necessary, prepare your case for court.

What Types of Medical Professionals Could Be Liable for Medical Malpractice?

Medical malpractice claims in Charlottesville are not limited to doctors. Any licensed healthcare professional taking part in patient care could be liable if their mistake causes harm. Potential liable parties include those who prescribe medication, provide treatment, and monitor patient safety.

Sometimes, more than one provider might be responsible for a single injury. Hospitals and healthcare facilities can also face liability for hiring practices, inadequate staffing, or poor safety procedures.

The following list outlines the various parties that an injured patient could name in a medical malpractice lawsuit:

  • Doctors
  • Nurses
  • Radiologists
  • Pharmacists
  • Chiropractors
  • Dentists
  • Laboratory techs.

What Compensation Could Be Recovered in a Charlottesville Medical Malpractice Claim?

If you bring a successful claim, you could recover compensation for your financial and personal losses related to the malpractice. The compensation a person recovers depends on many factors, including the available medical malpractice insurance coverage.

  • Economic compensation can cover measurable costs like hospital bills, rehabilitation, and lost wages. It can also pay for future medical expenses and reduced earning ability if your injury affects your long-term health or employment.
  • Non-economic compensation can address any losses you suffer that are harder to measure, such as emotional distress or lost enjoyment of life. In rare cases, you could also receive punitive damages. This award does not compensate you for a specific loss. Instead, it punishes the medical care provider for particularly egregious conduct.

Does Virginia Have Caps on Medical Malpractice Damages?

Yes. Virginia law sets a cap on all medical malpractice damages. For malpractice between July 1, 2024, and June 30, 2025, the cap is $2.65 million. For cases between July 1, 2025, and June 30, 2026, the cap is $2.70 million.

Virginia places a separate cap on punitive damages. That limit is $350,000 per case, regardless of how many defendants are involved. Courts must reduce any jury awards above these limits. A malpractice lawyer can explain which limit applies to your case and help you pursue the maximum recovery allowed.

How Long Do You Have to File a Medical Malpractice Lawsuit in Virginia?

Virginia law sets a two-year time limit for most medical malpractice lawsuits. This deadline usually starts on the date the injury occurred. However, exceptions to this rule can extend or shorten the filing period. For example, cases involving minors or situations where the injury was not immediately apparent often have extended deadlines.

Missing a deadline could prevent you from recovering any compensation, no matter how strong your claim. So, you should act quickly and contact a lawyer as soon as you know you might have a medical malpractice claim.

Contact a Charlottesville, VA, Medical Malpractice Lawyer

If you suffered harm because of medical negligence, you have the right to hold your providers accountable and pursue compensation for your losses. Marks & Harrison can bring more than 100 years of history and a record of results to your case. Contact our team now to get started with your free consultation.