Overview of Virginia Medical Malpractice Claims (Part B)

Negligence and Your Virginia Medical Malpractice Claim

Negligence is the foundation for your Virginia medical malpractice claim. Just as with a personal injury claim, you need to prove that the injuries you suffered were the result of the negligent actions of the medical professionals entrusted with your care. Negligence can take many forms in a Virginia medical malpractice claim such as failure to act, miscommunication, inadequate training, oversight, and failure to follow procedure.

When filing your Virginia medical malpractice claim you will need to provide documentation of your injuries and proof of the negligence of the medical staff involved in your care. In many cases you may need to obtain a second opinion or get a new diagnosis from another medical professional to prove your claim.

Damage Caps and Your Virginia Medical Malpractice Claim

Another part of Virginia law caps the amount of damages you can recover from a Virginia medical malpractice claim. Currently, the damage cap is set at $2 million per patient, including punitive damages. This cap does not apply to a physician's professional corporation, if one exists, and they may be subject to uncapped liability.

The punitive damages assessed in a Virginia medical malpractice claim are also capped at $350,000 and is included in part of the $2 million cap. The unfortunate truth is that if a patient suffers damages in excess of $2 million in a Virginia medical malpractice claim, they are eligible to be compensated only for the capped amount.

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 Virginia medical malpractice case. Fairfax medical malpractice attorney Ben Glass fights to help victims in the Virginia and D.C. areas settle their medical malpractice claims. Don't try and sort out your medical malpractice case without an attorney, odds are you won't have a fighting chance alone. 

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

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