Portsmouth Medical Malpractice Attorney

Are you suffering from the repercussions of medical malpractice in Portsmouth, VA? At Breit Biniazan, our experienced medical malpractice attorney is here to help you obtain the compensation you deserve.

Contents

• Understanding Medical Malpractice
• Causes of Medical Malpractice
• Effects of Medical Malpractice
• Medical Malpractice Statistics
• Legal Process for Medical Malpractice Claims
• What Do You Need to Prove in a Medical Malpractice Case?
• Breit Biniazan: Medical Malpractice Attorneys in Portsmouth
• Medical Malpractice Portsmouth FAQs

We’ve successfully handled complex medical malpractice cases, including a $35.6 million jury verdict for a critically injured client whose catastrophic injuries necessitate 24-hour care for the rest of her life.

Understanding Medical Malpractice

Medical malpractice can manifest in various forms, such as:

• Misdiagnosis
• Surgical mistakes
• Medication errors
• Birth injuries

Examples include a physician misdiagnosing a critical condition, performing surgery on the incorrect body part, prescribing the wrong medication, or causing injury during childbirth. These incidents typically involve negligence by healthcare professionals. Medical malpractice injuries can have severe consequences, disrupting daily life, causing significant emotional pain, and impacting families. Early legal consultation is essential to determine if you have a valid claim and to start building your case.

Causes of Medical Malpractice

Medical malpractice can arise from several issues within the healthcare system, often involving medical professionals and their responsibilities, including:

• Inadequate training or lack of experience: Medical personnel, such as surgeons, anesthesiologists, and general practitioners, may lack the necessary skills or knowledge to perform their duties effectively.
• Fatigue or overwork: Long hours and high patient loads can lead to mistakes.
• Poor communication: Miscommunication among medical staff can result in errors.
• Outdated or incorrect procedures: Using outdated methods can cause harm.
• Inadequate staffing: Insufficient staff levels can lead to rushed or negligent care.

Effects of Medical Malpractice

The impact of medical malpractice can be severe:

• Physical injuries and long-term health issues: Patients may experience worsened conditions or new injuries, including wrongful death. Negligence during medical treatment can lead to severe consequences, often resulting in malpractice cases.
• Emotional and psychological distress: The trauma of medical negligence can affect mental health.
• Financial burdens: Additional medical expenses and lost income can strain finances.
• Reduced quality of life: Daily functioning and overall quality of life can be severely impacted.

Medical Malpractice Statistics

Medical malpractice is a significant concern across the United States and Portsmouth. Annually, nearly 20,000 medical malpractice lawsuits are filed in the United States. In Virginia, numerous medical malpractice payments were made in 2023, with notable settlements for wrongful deaths and severe injuries.

Most medical malpractice claims involve intricate details, such as surgical errors or misdiagnoses, and emphasize the importance of timely legal action due to the statute of limitations.

Despite the perception of excessive litigation, only about 5% of deaths caused by medical errors result in malpractice payouts. Given the complexity of these cases, seeking assistance from an experienced medical malpractice lawyer is crucial.

Legal Process for Medical Malpractice Claims

Filing a medical malpractice lawsuit involves several steps:

1. Initial Consultation: Discuss your case with an attorney to determine if you have a claim. Consulting with experienced medical malpractice lawyers can provide valuable insights and guidance.
2. Investigation: Collect evidence, including medical records and expert testimonies.
3. Filing the Claim: Submit a formal complaint to the court.
4. Discovery: Both parties exchange information and build their cases.
5. Settlement or Trial: Many cases are settled out of court, but some proceed to trial.

Understanding medical malpractice law is crucial in building a strong case, as it helps ensure that all legal aspects are thoroughly addressed and increases the chances of a successful outcome.

In Virginia, it’s essential to file your claim within the statute of limitations, which is two years from the date of injury.

What Do You Need to Prove in a Medical Malpractice Case?

To successfully prove a medical malpractice case, you need to establish four key elements:

Duty

Demonstrate that a doctor-patient relationship existed, establishing that the healthcare provider owed a duty of care to the patient.

Breach of Duty

Show that the healthcare provider breached this duty by acting negligently. This involves proving that the care provided fell below the accepted medical standard.

Causation

Establish a direct link between the breach of duty and the injuries sustained. It must be shown that the negligence directly caused the harm experienced by the patient.

Damages

Prove that the patient suffered actual damages, such as physical pain, emotional distress, additional medical bills, or lost wages, as a result of the negligence.

Evidence for these elements typically includes medical records, expert testimonies, and sometimes, direct witness accounts. Expert witnesses play a crucial role in explaining how the standard of care was breached and how it caused the patient’s injuries.

Breit Biniazan: Medical Malpractice Attorneys in Portsmouth

Portsmouth medical malpractice lawyers at Breit Biniazan have extensive experience handling medical malpractice cases, achieving successful outcomes for our clients. We offer personalized and assertive legal representation, ensuring that your rights are protected. Our team is dedicated to securing the compensation you deserve, including medical expenses, lost wages, and pain and suffering. A medical malpractice lawyer can provide the expertise needed to manage complex legal issues and maximize your compensation.

If you or a loved one has been a victim of medical malpractice in Portsmouth, contact Breit Biniazan today for a free consultation. Our experienced attorneys are here to help you every step of the way. Call us at  (757) 982-2930. Your rights and recovery are our top priorities.

Medical Malpractice Portsmouth FAQs

What is medical malpractice? 

Medical malpractice occurs when a healthcare provider deviates from the standard of care, causing harm to the patient. This can include misdiagnosis, surgical errors, medication mistakes, and more.

How long do I have to file a medical malpractice claim in Virginia?

In Virginia, you have two years from the date of injury to file a medical malpractice claim. There are some exceptions, so it’s essential to consult with an attorney as soon as possible.

What kind of compensation can I expect from a medical malpractice lawsuit? 

Compensation can include medical expenses, lost wages, pain and suffering, and more. The specific amount depends on the details of your case and the extent of your injuries.

How do I prove medical malpractice?

Proving medical malpractice requires demonstrating that the healthcare provider deviated from the standard of care and that this deviation directly caused your injuries. This often involves gathering medical records and expert testimony.

What should I do if I suspect medical malpractice? 

If you suspect medical malpractice, seek a second medical opinion immediately. Then, contact an experienced attorney to discuss your case and determine the best course of action.