Medical Malpractice Lawyer Virginia Beach
Effective July 1, 2025, Virginia’s new law, HB 1730/SB 894, introduces significant changes in how employers are held accountable for the actions of their employees, particularly in cases involving vulnerable victims. This legislation aims to enhance the protection of individuals who are at a substantial disadvantage due to their physical or mental conditions, ensuring they receive justice when harmed by the negligence or intentional misconduct of healthcare providers.
The following is a brief overview of some of the changes the law brings to Virginia’s personal injury process. For more information on how this law may impact your situation, call our office to speak with one of our skilled Virginia Beach maplractice lawyers.
What Defines a “Vulnerable Victim” Under the New Law?
The law defines a “vulnerable victim” as any person who is at a substantial disadvantage relative to an employee due to circumstances such as physical or mental conditions or characteristics. Specifically, it includes:
- Patients of healthcare providers
- Residents of assisted living facilities
- Individuals under disability
- Passengers of common carriers (excluding public transit agencies funded by the Commonwealth Mass Transit Fund)
This broad definition ensures that individuals in various vulnerable situations are afforded the same legal protections.
How Does the New Law Impact Medical Malpractice Claims?
Before this legislation, victims of medical malpractice involving vulnerable individuals often faced challenges in holding employers accountable for the actions of their employees. The new law mandates that in personal injury or wrongful death lawsuits brought by a vulnerable victim against an employee, the finder of fact (jury or judge) must determine whether the employer should be held vicariously liable for the employee’s actions. This provision ensures that employers cannot evade responsibility by claiming they were unaware of their employees’ potential to harm vulnerable individuals.
What Are the Legal Implications for Employers and Healthcare Providers?
Employers, particularly those in healthcare settings, now face increased liability for the actions of their employees when interacting with vulnerable individuals. If an employer knew or should have known that an employee was likely to be in contact with a vulnerable victim and failed to exercise reasonable care to prevent harm, they can be held directly liable in civil court. This shift emphasizes the importance of thorough background checks, proper training, and vigilant supervision to prevent incidents of abuse or neglect.
How Can Victims of Medical Malpractice Benefit from This Legislation?
For victims who have suffered harm due to the negligence or intentional misconduct of healthcare providers, this new law provides a more straightforward path to justice. By holding employers accountable, victims are more likely to receive compensation for their injuries, including medical expenses, pain and suffering, and other damages. Additionally, the law encourages healthcare providers to implement stricter protocols and oversight to protect vulnerable patients.
What Types of Damages May Be Available in a Virginia Malpractice Case?
In a medical malpractice case, victims may pursue several types of damages:
- Economic damages: These cover actual financial losses, such as medical expenses, rehabilitation costs, lost wages, and future medical care needs.
- Non-economic damages: These compensate for intangible losses, including pain and suffering, emotional distress, loss of enjoyment of life, and diminished quality of life.
- Punitive damages: In cases of gross negligence or intentional misconduct, punitive damages may be awarded to punish the wrongdoer and deter similar actions in the future.
These damages collectively aim to compensate victims fairly for their injuries and losses.
Protecting Your Rights Under Virginia’s New Law
If you or a loved one has been harmed due to the negligence or intentional misconduct of a healthcare provider, it’s crucial to understand your rights under Virginia’s new “Vulnerable Victim” law. This legislation empowers you to seek justice and hold accountable those responsible.
Contact Shapiro, Washburn & Sharp today to schedule a free case evaluation. We are committed to advocating for vulnerable victims and ensuring they receive the compensation and care they deserve, like the $1.3 million settlement our firm obtained for the family of a woman who died as a result of a surgical error on what should have been a routine procedure.