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Medical malpractice is common, but also hard to prove in Virginia courts. Medical malpractice cases must meet certain thresholds before they are considered serious enough to file suit. The primary reason for this is cost. Medical malpractice cases are expensive. If your injuries were minor or temporary, it is unlikely you will recover enough to cover the cost of pursuing the case.

There are many forms of medical malpractice cases. Here are some examples of common medical malpractice cases that are typically heard in court;

  • Wrong side surgery
  • Medication errors
  • Wrongful death
  • Birth injuries
  • Failure to diagnose
  • Misdiagnoses

These categories cover a wide range of potential medical malpractice cases. However, even if your case resembles a case on this list, there are more things to consider. First, your injuries as a result of malpractice must be severe enough to warrant a court case. If a hospital prescribed you the wrong medication and it resulted in temporary discomfort or mild sickness, you probably don't have a medical malpractice case.

Second, there are no "close calls" in a medical malpractice case. If a doctor could have injured you significantly during your treatment, but did not, you don't have a medical malpractice case. An injury has to have occurred to file a medical malpractice claim in Virginia.

If you were my client, one of the questions I would ask you is if you were seeing a primary care physician during those three years. I would also want to know if you had any further blood tests and what the results were.

In medical malpractice cases, you have to show that the doctor strayed away from the accepted standard within the medical field, that he or she would be considered negligent. If the doctor can show your blood tests showed your blood sugar in the high but acceptable range, then you do not have a case. However, if your tests were high enough to that any reasonable doctor would follow up on your condition, then you may have a case.

The only way to know for sure is to contact a medical malpractice attorney about the details of your case. More than likely, you will give all the details of your case to an intake person, who will communicate those details directly to an attorney. After a few days, the attorney will send you their evaluation of your case.

Ben Glass
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Ben Glass is a nationally recognized car accident and ERISA disability attorney in Fairfax, VA.