Frequently Asked Questions about Personal Injury, Medical Malpractice, and Insurance Disputes

Below are some initial questions many clients have when they first contact BenGlassLaw. The questions below may address many initial concerns you may have. If you don't find the answers here, you can either use the Live Chat option on the left or send attorney Ben Glass a confidential message.

You may also want to read The Virginia Accident Book, Why Most Malpractice Victims Never Recover a Dime, The Truth About Lawyer Advertising or Robbery Without a Gun.

If you would like to talk with our team of experts today, you can contact us by phone at (703)584-7277.

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  • Do I Need Expert Witnesses In My Medical Malpractice Case?

    The law requires that medical malpractice cases be proven by expert testimony. There are a few exceptions, such as when instruments are left in the body. In malpractice cases we must prove what the "standard of care" required your doctor to do, and we must prove that he did not comply with the standard of care. What the law says is that since the "standard of care" is not something that a typical layperson knows, we must prove this by expert witnesses.

    You can download a FREE copy of our consumer guide, Why Most Medical Malpractice Victims Never Recover a Dime, to learn more about medical malpractice.

    If you have a question for Ben, you can submit it confidentially online at JustAskBenGlass.com.

  • Can The Doctor Alter My Medical Records After Malpractice?

    We really can't. But the penalties are severe if they are caught.

    First, their insurance company may drop them altogether.  If a doctor alters your medical record, they can lose their medical license.  The Department of Medicine takes those charges very seriously.  If we are able to prove through the course of your case that the physician altered records, then that doctor is in for a very rough ride.

    If a hospital alters a record, they can be fined or sanctioned.  In addition, if a hospital or doctor cannot locate important relevant documents and records in your case, there are instances where courts have granted judgment to the injured victim simply because the hospital or doctor could not provide a valid explanation of where those records are now.  In most cases, those records would be needed to prove plaintiff's case.  Without those records, the victim is at a distinct disadvantage in being able to prove their case.  If the Court agrees that those documents have been lost, misplaced, or intentionally misplaced, then they have the ability to find in favor of the plaintiff and direct that a trial be held solely on the damages the victim has suffered.

    You can download a FREE copy of our consumer guide, Why Most Medical Malpractice Victims Never Recover a Dime, to learn more about medical malpractice.

    If you have a question for Ben, you can submit it confidentially online at JustAskBenGlass.com.

  • What is Informed Consent?

    When you have a procedure such as surgery, your physician is obligated to inform you about the risks, benefits, and alternatives to the procedure. This way you become informed about your medical options. In many instances, the physician fails to advise the patient about specific risks or alternatives to the procedure, or the patient has a bad outcome where one or more risks was not disclosed to the patient.  

    The key issue in this type of claim is whether the patient would still have proceeded forward with the procedure had they, as a reasonable person, known of the risks of the procedure. If the answer is no, then there is likely a basis for a claim. If the patient would have gone ahead regardless of the risks, even though the physician may not have told them of that specific risk, then in all likelihood they would not have a viable basis for such a claim.

    You can download a FREE copy of our consumer guide, Why Most Medical Malpractice Victims Never Recover a Dime, to learn more about medical malpractice.

    If you have a question for Ben, you can submit it confidentially online at JustAskBenGlass.com.

  • What Is The Continuous Treatment Rule?

    This is a legal term used to describe the length of time you have continued to treat with your doctor and may affect the time you have to sue the doctor.  In many cases, after a patient has been injured by a doctor, patients unwittingly continue to see their doctor for follow-up care related to the injuries that the doctor caused.

    Generally, the time in which you have to start your lawsuit starts from the date of the malpractice.  However, in some cases, the time in which you might be able to start your case could run from the date of the last treatment in which you were treated by the same doctor (or hospital) for the same condition or complaint as you originally went to him about.  The specific facts must be investigated, as well as the specific timing of visits.

    You can download a FREE copy of our consumer guide, Why Most Medical Malpractice Victims Never Recover a Dime, to learn more about medical malpractice.

    If you have a question for Ben, you can submit it confidentially online at JustAskBenGlass.com.
     

  • If I Sue My Doctor, Will He Lose His License?

    Will a doctor lose their license after a medical malpractice case?No. A medical malpractice lawsuit is a civil lawsuit which seeks money as a means to compensate you for your injuries and loss. We never seek, nor can we seek a doctor's license. If the actions of the doctor are so horrendous, or even intentional, the Virginia Department of Medicine is likely to be involved. They would undertake their separate investigation of the doctor, and the Department of Medicine is the only agency that could revoke a doctor's license.

    After a medical malpractice lawsuit, a doctor will usually answer to the Department of Medicine. Depending on the severity of the doctor's actions, they may be reprimanded. Doctors may temporarily lose their licenses, or their practice may be restricted. If a doctor has been punished because of medical malpractice, you can find out at the Department of Medicine's website.

  • What Do You Need for Your First Meeting with an Lawyer?

    What you need when you meet with an attorney about a wrongful death case.First, I want to express my condolences. It's never easy when a loved one has died. It's even more difficult if you believe that their death was caused by someone's wrongdoing or carelessness.

    Second, here are the documents that will help greatly and will allow me to proceed with an investigation into your case:

    1. An original death certificate (the funeral home will be able to provide this. Also, ask the funeral home for a bill marked "fully paid."
    2. Let me know whether an autopsy has been performed. If so, I can arrange to obtain a copy of it from the medical examiner's office.
    3. A list (handwritten is just fine-it doesn't need to be typed) of the names and addresses of any doctor your loved one saw within the last two years.
    4. A list of the immediate family members, together with their ages, dates of birth and social security numbers.
    5. If your loved one had a will, please bring a copy with you. (I need this to know who the executor or executrix (female executor) is.)
    6. If your loved one did not have a will, one of the close family members, (you'll choose) will need to be named as the administrator of the estate. This simply means that that person will stand in place of the deceased loved one. He or she will have their name put on the litigation documents. However, that person does not receive any different or greater share of the recovery simply because they are the administrator.
    7. If you have copies of any medical records, bring them.
    8. Bring any medical insurance cards, bills and receipts from any health insurance company about the treatment your loved one received recently.
    9. If your loved one was employed, bring copies of their tax returns and W-2 forms for the last three years.
    10. When you meet with me, try and bring any family members who have knowledge or information about the specific events that led to your loved one's injuries and untimely death. All of these documents assist me in promptly evaluating and processing your matter.