If you or a loved one have been seriously injured by the negligence of a doctor or surgeon in Virginia Beach, Norfolk, Portsmouth, or anywhere else in Virginia you probably have questions and concerns. Our team of experienced Virginia Beach medical malpractice lawyers and Norfolk malpractice attorneys are here to help.
Why Choose Shapiro, Washburn & Sharp for a Medical Malpractice Claim?
- At Shapiro, Washburn & Sharp, our team of Virginia Beach personal injury lawyers have extensive experience handling complex injury and medical malpractice claims. We understand how the defense works and know how to counter their actions.
- Our team has more than 75 years of combined legal experience, and we have returned significant multimillion-dollar settlements and verdicts for clients.
- We handle every claim as if it will go all the way to trial, which helps us fully prepare for any possible outcome.
Virginia Beach Medical Malpractice Case Results
- $2.3 Million Jury Verdict for Child Birth Injury
- Failed Back Surgery Results in $1.25 Million Settlement
- Retained Surgical Sponge and Subsequent Complications – Firm Secured a $425,000 Settlement
- Jury Awards $700,000 to Victim of Failure to Diagnose That Resulted in Aortic Aneurysm
- Misdiagnosis Resulting in a Life-Altering Neurological Disease – $650,000 Settlement
Why You Need a Medical Malpractice Lawyer for Your Case
Medical malpractice cases can become notoriously complex, and there are specific procedures that have to be followed in order for a claim to even begin. A skilled Virginia Beach medical malpractice attorney can use their resources to conduct a complete investigation into allegations of medical malpractice in order to determine the best steps moving forward. They will:
- Uncover any evidence needed to prove liability
- Work with trusted medical experts who can evaluate the evidence and provide testimony for their client
- Vigorously negotiate with insurance carriers and legal teams to recover full compensation on behalf of their client
- Fully prepare the claim for trial if necessary to ensure the client is treated fairly at all times
Types of Medical Malpractice
- Surgical errors/mistakes – Examples include anesthesia mistakes, sepsis or septic shock, sepsis/infections caused by leak/hole/cut in the colon or small intestine, bowel perforations, damage to arteries or veins causing permanent injuries,
nerve damage, unnecessary surgery, surgery on the wrong part of the body, foreign objects left in the body, and organ puncture.
- Improper diagnosis and misdiagnosis – Examples include misread x-rays, misread test results, failure to order common diagnostic tests, and ignored or missed symptoms. Commonly missed diagnoses include heart attacks, cancer, hypertension, clogged arteries, and infections.
- Negligent care – Examples include the improper use of restraints, the improper administration of medication or wrong medication, hospital abuse, or lack of sufficient staff.
- Birth injury – These terrible injuries are due to hospital error and can lead to cerebral palsy, Erb’s palsy, or brain damage. The mistake may be the obstetrician, nurses, or other treater in the maternity ward, but the common feature of these claims is the permanent, catastrophic injury to the mother or baby.
- Nursing home abuse or neglect – Examples include malnourishment, bruising, dramatic weight loss, dehydration, sudden injuries, etc. Speak to a nursing home abuse lawyer in Virginia Beach to learn more.
In the unfortunate instance of a death relating to improper medical care, don’t hesitate to call a wrongful death attorney in Virginia Beach today.
How Often Do Medical Mistakes Occur?
Medical mistakes are surprisingly common in the U.S. Data available from Johns Hopkins University indicates that approximately 250,000 deaths occur each year as a result of medical errors. This is a significant finding, but it only shows a partial picture of the overall problem. Their data indicate fatalities, but millions of other individuals in this country suffer from significant injuries or illnesses caused by the negligence of healthcare professionals. Medical malpractice survivors can suffer from significant and long-lasting disabilities.
What Compensation Is Available for a Virginia Beach Medical Malpractice Case?
There may be various types of compensation available to victims of medical malpractice in Virginia Beach. At Shapiro, Washburn & Sharp, our team works diligently to recover economic and non-economic damages on behalf of all medical malpractice clients.
- Economic damages for medical malpractice claims. This refers to the types of compensation that are relatively calculable by using medical bills and expense receipts after an injury occurs. This includes, but is not limited to, the following:
- All medical expenses caused by the malpractice
- General household out-of-pocket expenses that arise
- Lost wages if a malpractice victim cannot work
- Physical therapy or rehabilitation expenses
- The cost of prescription meds or medical devices
- Non-economic damages for medical malpractice claims. This refers to the types of compensation provided to malpractice victims that are harder to calculate because there are no bills or receipts associated with the losses. This can include a malpractice victim’s:
- Physical pain and suffering losses
- Emotional and psychological trauma
- Loss of enjoyment of life damages
- Loss of consortium for a spouse or family members
The total amount of compensation available for a Virginia Beach medical malpractice victim will vary depending on the circumstances surrounding each situation. Medical malpractice lawyers will work with trusted economic and medical experts who can fully evaluate the patient and the situation to calculate total expected losses. Compensation amounts will be based on various factors, including the severity of the patient’s injuries, the length of the recovery time, the level of a victim’s pain and suffering, and more.
What Is The Time Limit for Filing Medical Malpractice Lawsuits in Virginia Beach?
When we examine Va. Code Ann. § 8.01-243, we can see that the medical malpractice statute of limitations in Virginia is two years from the date an injury occurs. This means that medical malpractice victims or their personal representatives have to file a lawsuit against the alleged negligent medical provider within two years or they will likely lose the ability to recover the compensation they are entitled to.
However, there are various exceptions to this two-year timeframe.
- If a child under the age of eight is the victim of medical malpractice, they will have until their 10th birthday to file a medical malpractice lawsuit to recover compensation.
- There are exceptions in Virginia based on the “continuing treatment rule.” Under this rule, if a person has received substantially uninterrupted treatment for the same condition by the medical provider, then a medical malpractice lawsuit has to be filed within two years from the date of the last treatment.
- If a medical malpractice claim is based on a foreign object being left inside a patient’s body, the lawsuit pertaining to the retained formed object has to be filed within two years from the date of the injury or one year from the date the patient discovered or should have discovered the foreign body. No foreign body medical malpractice claim can be filed more than 10 years after the original injury.
- Medical malpractice claims made against any medical professional employed by the Commonwealth of Virginia must file their claim through the Virginia Tort Claims Act. These claims must be filed within one year from the date of the alleged malpractice.
Call a Virginia Beach Medical Malpractice Attorney Today
If you or somebody you care about has been injured as a result of the careless or negligent actions of a medical provider in Virginia Beach, you need to work with a skilled attorney to help with your case as soon as possible. At Shapiro, Washburn & Sharp, we are ready to stand up to aggressive insurance carriers or medical providers to ensure that clients recover full compensation for their losses. We have the resources necessary to fully investigate these claims, and our team is equipped to take medical malpractice cases to court. When you need a Virginia Beach medical malpractice attorney, you can contact us for a free consultation by filling out the contact form below or calling us at (833) 997-1774.