You may be under the false assumption of what a medical malpractice case really is. Some see it as a quick pay day, something along the lines of winning the lottery. Others think it’s really simple to win a case. Some people believe all you need is a situation where something could have happened, or you personally think the doctor screwed up. This is all false and misleading. I want to share with you what a Virginia medical malpractice case is really like, and what you should expect.

Medical Malpractice Facts In Virginia

Medical malpractice can occur at virtually any stage of treatment with you, the patient. One example of this would be the doctor misdiagnosing a serious issue, such as hemorrhoids when it’s really colon cancer. It doesn’t always have to be the doctor was negligent on a procedure; you can even experience medical malpractice outside of the hospital with errors on the medical management side.

Unfortunately interest groups are pushing for “tort” reform, as they would like the general population to believe that unnecessary and frivolous lawsuits are on a rise. Don’t let this fool you into believing that every doctor is in a position to face an uncalled for and malicious lawsuit; only a small percentage of the medical community is responsible for a majority of medical malpractice claims.

The truth here is most of these lawsuits don’t even turn in the plaintiffs favor. Studies show that only 23-39% of cases that go to trial will be won by those claiming the doctor committed medical malpractice. The bottom line is, it’s hard to prove the doctor was negligent, which says regardless of the lawsuit being frivolous or legitimate, the plaintiff is going to have a hard time.

One of the reasons it’s so hard to win is that your case must be proven by an expert testimony. This means other medical doctors in the same specialty must be willing to say the defending doctor’s care fell below acceptable standards. Good luck with this in most “grey area” cases! The doctor may have committed an error, but most of the time doctors can get away with medical malpractice because the severity wasn’t strong enough.

To learn more about medical malpractice cases in Virginia, I suggest you 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.

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