Do I Have a Virginia Medical Malpractice Case?

So you think you have a medical malpractice case, but you aren’t really sure about it. You’ve heard “it’s easy to win” if you think you may have experienced medical negligence, or it’s a “quick pay day” after any minor injury. Unfortunately even if the doctor didn’t do everything right, it doesn’t always mean you have a case. A lot of people think that just because something bad could’ve happened means you are eligible to get paid.

There are a few things that I wanted to share with you which would be common misassumptions of actually having a case:

But they could’ve killed me! Don’t be fooled, if there was a chance that the doctor could’ve killed you due to medical negligence doesn’t mean you actually have a case. If it didn’t happen, then it didn’t happen – and that’s the way the court will see it.

They had to tell me sooner! There will be times when the medical negligence on the doctor’s behalf wouldn’t have made a difference. To put this into a better perspective, let’s assume you have cancer or another deadly illness. Receiving a late diagnosis from your doctor doesn’t mean your doctor is exactly liable for your death. Only an experienced medical malpractice attorney can help you decide if you have a case of medical malpractice.

But they treated me like a dog. This will get you very little in putting together a case of medical malpractice. Just because some doctor you were seeing was an arrogant jerk doesn’t mean he technically was wrong. It really comes down to the treatment itself. You need to prove from a scientific and legal standpoint that the doctor was careless, not rude, and that’s why you have an injury now.

It was small, but I need to sue! This isn’t always true, in fact we turn down hundreds of cases a year where the doctor was careless, but there was minimal if any injury. Let’s say you had an incorrectly filled prescription, making you very ill for a week. If you recovered well, odds are against you having a case that would be worth pursuing, mainly because the cost of the case will be more expensive than what you would recover from medical malpractice.

You can order a FREE copy of our free consumer guide, Why Most Medical Malpractice Victims Never Recover a Dime, to learn more about Medical Malpractice by following this link

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Ben Glass
Ben Glass is a nationally recognized Virginia injury, medical malpractice, and long-term disability attorney