Medical Malpractice
Have you suffered from medical malpractice in Richmond, VA? Our personal injury attorneys in Richmond have handled hundreds of successful cases, including a $6.4 million jury verdict for the family of an 80-year-old woman whose heart condition was mismanaged by her physician. We can help you too—contact us today to get the compensation you deserve.
Medical malpractice can take many forms, each with serious consequences: Inadequate or erroneous medical treatment can lead to significant injuries and is a common cause of medical malpractice.
A physician may misdiagnose a critical condition, with cancer, infections, and vascular events being the most commonly misdiagnosed.
Errors such as performing surgery on the wrong body part are not uncommon, with surgeons being the most likely to face malpractice lawsuits. Pursuing medical negligence claims can help victims of such errors receive compensation for their injuries and losses, and it is crucial to hire experienced attorneys to handle these claims effectively.
Prescription mistakes are prevalent, especially with insulin and morphine, which are the most error-prone medications.
Negligence during childbirth can result in severe injuries to both the mother and the baby. These incidents often stem from negligence by healthcare professionals, leading to significant disruptions in daily life, emotional distress, and impact on families. Consider the following medical malpractice statistics:
Early legal consultation is essential to determine if you have a valid claim and to start building your case.
Medical malpractice often arises from various systemic issues and lapses in professional responsibilities:
Medical professionals who lack proper training or experience are more prone to making critical errors, leading to misdiagnosis, improper treatment, or incorrect use of medical equipment.
Healthcare worker fatigue, often due to long shifts or overwork, significantly increases the risk of errors such as medication mistakes or surgical complications.
Breakdowns in communication among healthcare providers or between providers and patients account for nearly 30% of all malpractice cases, leading to incorrect treatments and delayed care.
Failing to follow current medical guidelines or using outdated methods can result in ineffective or harmful treatments.
The repercussions of medical malpractice can be profound:
Patients may suffer from aggravated conditions or new injuries, sometimes leading to fatal outcomes. Mistakes during medical care can result in serious complications, often triggering malpractice claims.
The experience of medical negligence can cause significant mental and emotional distress, leading to long-term psychological challenges.
Unanticipated medical bills and lost wages due to additional treatments can create substantial financial pressure on the patient and their family.
The ability to carry out daily activities and overall life satisfaction may be significantly reduced as a result of the injuries or complications caused by malpractice.
Failure to Report Scan Results or Refer to a Specialist: Missing critical details or failing to refer can lead to undiagnosed or untreated conditions.
Neglecting Necessary Investigations: Important tests or investigations are sometimes overlooked, leading to delayed or missed diagnoses.
Misdiagnosis or Failure to Identify an Illness: Incorrect or missed diagnoses can result in inappropriate or ineffective treatment.
Wrongful Birth Due to Failed Sterilization: Mistakes in sterilization procedures can result in unplanned pregnancies.
Severe Harm During Childbirth: Errors during delivery can cause significant injury to the mother or baby.
Infection from Poor Hygiene: Inadequate hygiene practices can lead to serious infections.
Prescription Errors: Patients may be given the wrong medication or incorrect dosages, leading to adverse effects.
Negligent Medical Advice: Providing incorrect or harmful advice can have serious consequences for patients.
Performing the Wrong Operation: Surgery on the wrong body part or procedure can result in severe complications.
Conducting Procedures Without Consent: Operations or treatments performed without proper patient consent.
Leaving Foreign Objects in the Body: Surgical tools or materials left inside the body can cause severe harm.
Medical malpractice is a critical issue across the United States, and the impact is deeply felt in communities like Richmond. Annually, nearly 20,000 medical malpractice lawsuits are filed nationwide. According to a study by Johns Hopkins Medicine, medical errors are estimated to be the third leading cause of death in the United States, with over 250,000 deaths each year—ranking just behind heart disease and cancer. These errors range from unrecognized surgical complications to medication mix-ups, yet many go unreported due to gaps in how these deaths are recorded. The frequency and importance of filing a medical malpractice lawsuit cannot be overstated, as it is crucial for holding negligent parties accountable and securing compensation for affected patients. In Virginia, numerous medical malpractice payments were made in 2023, including significant settlements for wrongful deaths and severe injuries. Despite the high incidence of medical errors, only about 5% of deaths caused by such errors result in malpractice payouts. This underscores the importance of timely legal action, especially given the complexity of these cases and the limitations of the current tracking systems. Given these challenges, seeking assistance from an experienced medical malpractice lawyer is essential to navigate the intricacies of these claims and ensure justice is served.
Pursuing a medical malpractice claim in Richmond involves several key steps:
Initial Consultation: Begin by discussing your case with a qualified attorney to assess whether you have a valid claim. Speaking with an experienced Richmond medical malpractice lawyer can provide essential guidance and insight into your case.
Investigation: Your attorney will gather crucial evidence, such as medical records and expert testimonies, to support your claim.
Filing the Claim: A formal complaint is submitted to the Richmond court to officially initiate the lawsuit.
Discovery: During this phase, both sides exchange information and build their cases, which may include depositions, document requests, and interrogatories.
Settlement or Trial: Many medical malpractice cases are resolved through settlements outside of court, but some may proceed to trial if a fair agreement cannot be reached. Understanding the intricacies of Virginia’s medical malpractice laws is vital to building a strong case. It’s essential to file your claim within the state’s statute of limitations, which is generally two years from the date of injury. Through a Virginia medical malpractice claim, you can seek compensation for medical expenses, lost wages, and other losses resulting from medical negligence.
To successfully pursue a medical malpractice case in Richmond, you must prove four essential elements: Duty of Care: Show that a doctor-patient relationship existed, establishing that the healthcare provider had a duty to deliver competent care. Breach of Duty: Demonstrate that the healthcare provider failed to meet the accepted medical standard, thereby breaching their duty. Causation: Establish a direct link between the breach of duty and the injuries sustained. It must be proven that the negligence directly caused the harm suffered. Damages: Provide evidence that you suffered actual damages, such as physical pain, emotional distress, additional medical expenses, or lost income due to the negligence. Gathering strong evidence, including medical records and expert testimonies, is crucial in proving these elements. Expert witnesses are particularly important in explaining how the standard of care was violated and how this led to the injuries.
Richmond medical malpractice lawyers at Breit Biniazan have a wealth of experience in handling complex medical malpractice cases, consistently achieving favorable outcomes for our clients. We provide personalized and assertive legal representation, ensuring that your rights are fully protected throughout the legal process. Our dedicated team is committed to securing the compensation you deserve, including coverage for medical expenses, lost wages, and pain and suffering. With our expertise, we can navigate the intricate legal challenges of medical malpractice claims and maximize your compensation. If you or a loved one has been a victim of medical malpractice in Richmond, contact Breit Biniazan today for a free consultation. Our experienced attorneys are here to support you every step of the way. Visit us at: Richmond Office 2100 East Cary Street Suite 310 Richmond, VA 23223 Your rights and recovery are our top priorities.
Medical malpractice occurs when a healthcare provider, such as a doctor or nurse, fails to provide the standard of care expected in their profession, resulting in harm to the patient. This can include errors in diagnosis, treatment, aftercare, or health management.
In Virginia, you generally have two years from the date of the injury to file a medical malpractice claim. This time limit, known as the statute of limitations, is crucial, as failing to file within this period may prevent you from pursuing compensation.
Damages in a medical malpractice case can include compensation for medical expenses, lost wages, pain and suffering, and, in some cases, punitive damages. The exact amount will depend on the specifics of your case, including the severity of the injury and the impact on your life.
Breit Biniazan has successfully secured significant settlements and verdicts for medical malpractice victims, including multi-million dollar awards. Notable examples include a $6.4 million jury verdict for a case involving an 80-year-old woman whose heart condition was mismanaged by her physician.
To prove medical malpractice, you must establish four key elements:
Schedule your free, confidential case evaluation with our Richmond legal team by calling (855) 659-4457.
"I am a New York personal injury attorney. A friend asked me to find an excellent attorney to represent her nephew who lives in Virginia and was badly injured in a car accident there. Justin Sheldon from Breit Biniazan was very experienced and patient in explaining the legal process to his client. He obtained an excellent settlement and my friend and her nephew were both very pleased with the outcome. I highly recommend Justin Sheldon and the Breit Biniazan law firm if you require the services of a personal injury law firm in Virginia."
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At trial Sarah represented me like no other. Even the Judge said what an excellent job she did and even asked her what law firm she was representing. Kudos to Sarah. She won our case, as she assured me she would. I would definitely recommend this law firm. Especially Sarah her professionalism and mannerism speaks volumes. Thanks again for representing me."
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Our suit had dragged on for five years, and we wondered if it would ever be finished. Once Mike was handed our case, he immediately got to work getting to know us and understanding the timeline of events. Additionally, as a prior military member, he understood that our case was not a traditional cut-and-dry lawsuit: our life continued while the company dragged it out in court, including PCSing overseas and then back to the US during COVID. This kind of personal understanding and attention to detail was instrumental to our case. Mike's background, compassion, attentiveness, and professionalism made the difference; without him, we could have had a very different outcome.
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As a physician, I am aware that some law firms may try to enhance settlements by recommending excessive consultations, imaging studies, and other tests, as well as extensive therapy. However, Alexis and Molisa ensured that I received the necessary care without subjecting me to unnecessary tests or treatments. I found their approach to be both ethical and professional.
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