Medical Malpractice
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The questions on this page were answered by our team of Virginia Beach & Norfolk personal injury attorneys. The questions are categorized by practice area such as car accidents, medical malpractice, wrongful death, etc. If you have specific questions about your situation, contact our firm to set up a free consultation with an actual attorney.

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  • Do states with medical malpractice caps on damages have higher insurance rates for medical providers?

    An independent insurance agency found that in states with caps on medical malpractice damages, insurance rates for doctors actually rose more than in states without caps. 

  • How many adverse event reports has the FDA received for IVC filters?

    FDA has received at least 900 such reports from patients with IVC filters. Several clinical studies have also confirmed that these filters pose health risks to patients. 

  • How many people have died in the US due to problems with their IVC filter?

    Almost 30 people have died because of a defective IVC filter. This medical device is implanted in the inferior vena cava or IVC to catch blood clots. 

  • What are common problems with IVC filters?

    Patients have reported several problems with the medical devices, such as the filter changing position and getting stuck in a place where it causes harm, including organ damage. Also, if the filter moves, part of it can break off and enter the bloodstream, leading to serious damage to the lungs or heart. 

  • What if I am the victim of medical malpractice in an ER?

    When you are treated in an ER, the hospital may not have the chance to inform you that the doctor does not work for the hospital. In this case, the hospital may be responsible for the medical malpractice for the physician.

  • When might I be able to sue the hospital for a doctor's mistake?

    If the hospital did not make it clear that the independent contractor doctor was not an employee, it is possible then to sue the hospital. But most hospitals spell this out in admission forms. 

  • If my physician makes a mistake while treating me in a hospital, can I sue the healthcare facility?

    Hospitals are not generally responsible for the doctor's medical malpractice IF he is not employed by that hospital; many doctors are independent contractors, not hospital employees. 

  • What are common emergency room medical errors?

    The most common emergency room errors that a Virginia malpractice attorney handles include:

    • Delayed diagnosis
    • Diagnostic testing errors, such as failing to conduct needed tests or conducting the wrong ones
    • Discharging patients too soon
    • Laboratory mistakes
    • Lack of staff communication
    • Medication errors
    • Missed diagnosis
    • Poor patient monitoring
    • Radiology mistakes
    • Refusing to treat a patient who has no health insurance (this is referred to as “patient dumping”)
    • Slow triage which results in patients waiting too long before they are seen by medical staff

  • What are the most common causes of emergency room malpractice?

    One of the most common causes of emergency room malpractice is understaffing. This leads to support staff, nurses, and ER physicians being required to work long hours. An ER doctor will typically treat dozens of patients in one shift, quickly diagnosing and prescribing treatment and then moving on to the next one, almost like an assembly line.

    Another serious issue that can cause malpractice is that when a patient shows up in an emergency room, especially one who is seriously injured and not able to effectively communicate, the treating physician often has little knowledge about what that patient’s medical history is. This can lead to serious medical problems, especially if the patient has any existing medical conditions, allergies to medications, etc.

  • Does medical malpractice occur in hospital emergency rooms?

    According to statistics from the Centers for Disease Control and Prevention (CDC), emergency rooms around the country treat more than 140 million patients each year. This means there are approximately 400,000 people visiting ERs every single day. Unfortunately, the atmosphere in many emergency rooms is frequently chaotic which often contributes to incidents of malpractice.

    Emergency rooms depend on triage when deciding how and when patients should be treated. Each member of the ER team – admissions personnel, nurses, doctors – determine what the level of urgency each patient has. For example, a patient is brought in by ambulance, suffering from internal bleeding and other injuries as a result of a car crash. That patient will be brought in for treatment immediately over another patient who has come in with a sprained ankle who has been waiting to be seen for an hour.

    Hospitals need to have written policies and procedures in place which set a standard of care all staff must adhere to and to make sure facility staff are trained in these procedures in order to ensure they consistently make accurate triage decisions. Violation of this standard of care can cause a patient’s injury or illness to worsen or cause a new – and preventable – condition. When this occurs, the injured patient could have a medical malpractice case against the hospital.