Patients in Hampton Roads receive care through several large health systems. Sentara Norfolk General Hospital in Norfolk is home to Hampton Roads’ only Level I adult trauma center. Riverside Regional Medical Center serves patients in Newport News and across the Peninsula. Bon Secours and Chesapeake Regional also serve patients throughout the area. When a person is seriously hurt after hospital treatment, it can be tough to know whether or not the outcome was an inevitable complication or the result of medical negligence. A Virginia personal injury lawyer can review the records and explain what rights the patient may have.
A poor outcome by itself does not prove malpractice. Virginia law focuses on whether a health care provider failed to meet the applicable standard of care and whether that failure caused an injury.
Patients can ask questions about their care and request copies of their health records. Those records can be important when a patient does not understand why a condition became worse or why an unexpected injury occurred.
Virginia law allows an authorized patient to request health records in writing. The request must identify the information being sought and the person allowed to receive it. In most cases, the health care entity must provide access or otherwise respond within 30 days. A patient can also specifically request an audit trail that shows additions or changes made to an electronic health record.
If you were treated at Riverside Regional Medical Center in Newport News or at a Sentara hospital elsewhere in Hampton Roads, the medical records department for that hospital or health system is usually the starting point. Requesting records does not accuse the hospital of wrongdoing. It simply allows the patient to better understand the care that was provided.
Medical malpractice can occur when a health care provider fails to use the level of skill and care required under Virginia law and that failure causes harm. The legal question is not whether another provider might have made a different choice. It is whether the care fell below the applicable standard and caused the injury being claimed.
A case may involve a delay in diagnosing a serious condition or a problem during surgery. It could also involve medication or monitoring. The facts and medical evidence determine whether there is a viable claim.
Virginia generally applies a statewide standard of care. In most cases, expert medical testimony is needed to explain what the standard required and whether the provider failed to meet it.
One of the first steps is identifying who provided the care and who may be legally responsible for it. A hospital is not automatically responsible for every person who treats a patient inside the building.
Some physicians may be hospital employees while others work for separate medical practices. Other staff members may have different employment relationships. The name on the hospital building therefore does not always tell a patient which person or business should be named in a claim.
A Virginia personal injury lawyer can review medical records and employment information to help identify the proper parties. This can prevent a patient from assuming that a claim must be brought against a particular hospital simply because treatment took place there.
Virginia has an expert-review requirement for most medical malpractice cases. Before the plaintiff first requests service of the lawsuit on a defendant, the plaintiff generally must have a signed written opinion from an expert who is reasonably believed to qualify under Virginia law.
That expert must state that the defendant failed to meet the applicable standard of care and that the failure caused the injuries being claimed. An expert certification is not required in the limited cases where the alleged negligence clearly falls within the common knowledge of a jury.
Medical records may need to be collected before a qualified professional can evaluate what occurred. If the review does not support negligence or causation, there may not be a valid malpractice case even when the patient suffered a serious injury.
Virginia generally gives an injured patient two years to file a medical malpractice lawsuit. The deadline usually runs from the date the cause of action accrues rather than from the date the patient first suspects malpractice.
Virginia law provides limited extensions in some situations. These include certain cases involving a foreign object left in the body. Different rules can apply when concealment or fraud prevented the discovery of the injury. There is also a special extension for some failures to diagnose cancer or certain tumors.
Because these rules are narrow, a patient should not assume that extra time will be available. Waiting can also make the case harder to investigate.
Virginia places a cap on the total amount that can be recovered for an injury or death caused by medical malpractice. The cap depends on when the alleged malpractice occurred.
For acts occurring from July 1, 2026 through June 30, 2027, the maximum total recovery is $2.75 million. The limit applies to the total recovery for the injury or death rather than separately to each defendant.
Medical expenses and lost earnings may be part of the damages. Pain and physical limitations may also be considered within the limits set by Virginia law.
Hospital malpractice claims can require a close review of medical records and input from qualified medical professionals. They can also involve questions about which provider made a decision and which entity was legally responsible for that provider’s work.
Shapiro, Washburn & Sharp has handled serious medical malpractice cases in Virginia. In one case, the firm obtained a $2.23 million jury verdict after a delayed hospital diagnosis of sepsis led to a leg amputation and the patient later died.
If you or a loved one suffered a serious injury after hospital care in Hampton Roads, contact Shapiro, Washburn & Sharp on 757-321-3983 to schedule a free case review. A Virginia personal injury lawyer can review the treatment history and explain whether the facts may support a medical malpractice claim.
Patients in Hampton Roads receive care through several large health systems. Sentara Norfolk General Hospital in Norfolk is home to Hampton Roads’ only Level I adult trauma center. Riverside Regional Medical Center serves patients in Newport News and across the Peninsula. Bon Secours and Chesapeake Regional also serve patients throughout the area. When a person…
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