Overview of Virginia Medical Malpractice Claims (Part A)

People get frustrated with their doctors all the time, especially when they're not seeing the results they want after treatment. Medical professionals are under a lot of pressure to solve our medical issues, and sometimes that pressure can result in serious medical oversights and errors. It can be difficult to determine whether you have a Virginia medical malpractice claim, so it's usually in your best interest to discuss your situation with a Fairfax medical malpractice attorney.

What is a Virginia medical malpractice claim?

Any time you are attended to by a medical professional you are putting your care and well being in their hands. Whether it's a routine visit to your dermatologist to check out a strange skin tag on your neck or an ER visit for a burst appendix requiring immediate surgery, you should be able to expect that your doctors and nurses are working in your best interest.

When medical professionals are negligent in the care of their patients, you may be entitled to file a Virginia medical malpractice claim. With the help of an experienced Fairfax medical malpractice attorney you can seek to recover compensation for your losses and suffering from the negligence of your medical professional.

Determining if You Have a Virginia Medical Malpractice Claim

Sometimes a Virginia medical malpractice claim is a no-brainer, such as when you go in for an operation on your left kidney and they accidentally operate on your right. However, in many situations the obviousness of your claim is not always so clear cut, such as misdiagnosis. Before you waste your valuable time filling out claim forms and contacting your health insurance company, you should first consult with a Fairfax medical malpractice attorney.

The Commonwealth of Virginia law allows for a 2-year statute of limitations for Virginia medical malpractice claims. This means you have 2 years from the date the negligent act was discovered to bring about the lawsuit. In cases of foreign objects left inside a patient you may have additional time to file based on when the object is or should have been discovered. There may also be extra time granted when the medical malpractice stems from fraud or concealment.

For a Virginia medical malpractice claim involving a minor the action must be taken within 2 years of the last act of negligence in most cases. There are some exceptions to this rule for children, so you should speak to a Fairfax medical malpractice attorney as soon as possible to determine whether your child's injuries related to malpractice are subject to the 2-year statute. 

In some cases it may be difficult to prove when the negligent act occurred, or an injury may take years to manifest and show evidence of malpractice. No matter what your circumstances, a Fairfax medical malpractice attorney can review your situation and advise you on your options.

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