One of the biggest issues I see with potential medical malpractice claims in Virginia is that so much time may have lapsed between when a surgery took place in which a foreign object was left inside the patient and when that object was actually discovered. Soft objects commonly left inside the body like sponges and gauze may not cause irritation or complications for years.
The Virginia statute of limitations for medical malpractice is 2 years from the date of injury. The statutes allow for 1 additional year from that date if the malpractice involves leaving a foreign object inside the patient. This additional year is added from the date the object or injury from the object is discovered or should reasonably have been discovered. Of course, there is plenty of room for analysis when trying to determine these dates.
When you file a medical malpractice claim in Virginia, you will need:
- proof of the dates of surgery;
- dates of complications discovered; and
- dates of treatment administered for the removal of the foreign object.
With all those dates floating around, it's generally best you get the advice of a Fairfax medical malpractice attorney who has experience in the area of surgical errors.
When foreign objects are left inside the body, it can create serious medical complications like internal bleeding, lacerations, punctures and infections. Not only do you have to usually undergo another surgery to remove the object, but you also may require treatment for any additional damage the object created.
Filing a medical malpractice claim in Virginia with a Fairfax medical malpractice attorney can help you recover from the new financial and emotional burdens these corrections will create.
Contacting a Fairfax Medical Malpractice Attorney
You don't have to deal with insurance companies and hospitals alone when you're looking to file a medical malpractice claim in Virginia. Fairfax medical malpractice attorney Ben Glass fights to help victims in the Virginia and D.C. areas settle their medical malpractice claims.
Before you go any further with your decision, order a copy of my complimentary guide to Virginia medical malpractice claims, Why Most Victims of Medical Malpractice Never Recover a Dime. To set up a no-cost consultation, contact me today - 703-591-9829.