You can file a medical malpractice claim in Virginia when
- A health care provider or health care facility fails to meet the standard of care due to you as its patient,
- You suffer an identifiable harm as a result of that failure to meet the standard of care, and
- Violating the standard of care constitutes an act of negligence.
Except in very limited circumstance, you must also file your medical malpractice insurance claim or civil lawsuit within two years of the date on which the act of medical negligence occurred.
Determining which standard of care applies requires analyzing several factors, including your health, the specialty and job duties of the health care provider, the type of health care facility, existing laws and regulations, and knowing what most other health care providers practicing in a similar facility and treating a similar patient would do. Consulting with an experienced Virginia medical malpractice attorney will help you figure out whether you have grounds for taking legal action.