Medical Malpractice Lawyer in Richmond, VA
When seeking medical care from a healthcare provider, you wholeheartedly trust in their abilities and intentions. However, sometimes these medical professionals negligently handle your care, causing you extensive harm.
If you’ve suffered an unfortunate injury at the hands of a healthcare professional, a Richmond medical malpractice lawyer at The Joel Bieber Firm wants to help you.
What Is Medical Malpractice?
Medical malpractice involves professional negligence by a medical provider that results in a person’s harm.
Individuals in the medical field, including doctors and nurses, owe their patients a certain standard of care. When they deviate from this standard of care, it frequently results in harm to a patient.
Medical malpractice lawsuits are a type of personal injury lawsuit. If you suffer harm due to another person’s wrongful act or omission, you may have a valid claim, allowing you to hold that party liable and pursue compensation for your losses.
How Does a Medical Malpractice Lawsuit Arise?
Medical malpractice cases can arise for many reasons, all leading to a patient’s harm. The following are the most common examples of medical malpractice.
Failure to Diagnose/Misdiagnosis
Issues with diagnosing medical conditions frequently result in medical malpractice cases.
When a failure to diagnose occurs, a treating physician fails to inform their patient of a medical condition from which they suffer. The main problem with failure to diagnose is that it often results in the worsening of the condition, as the patient has no idea they’re suffering from any ailment and do not get treatment.
Misdiagnosis occurs when a medical provider diagnoses a health condition improperly. This can lead to a patient getting medical treatment they don’t need or failing to get the correct treatment for their condition.
A surgical error, as the name implies, is an error a surgeon or other medical staff makes during a patient’s surgery. Surgical errors can include:
- Leaving objects inside a patient before closing
- Performing surgery on the wrong body part
- Administering too much or too little anesthesia
- Causing injury to the body during surgery (for example, nerve damage)
Surgical errors can lead to long-term medical complications or the need for additional surgeries.
Failure to Warn of Potential Risks
Medical providers have a duty to warn patients of any known risks for things like medication or medical procedures.
When a patient is not made aware of the risks, they may be agreeing to something they otherwise would not with proper knowledge. Should the patient not receive any warning and suffer harm as a result, the healthcare provider who failed to warn could be held liable.
Birth injuries are injuries that either a newborn or mother suffer during labor and delivery. Common birth injuries include:
- Cerebral palsy
- Erbs palsy
- Oxygen deprivation
- Facial paralysis
Birth injuries frequently have the potential of affecting a child for the rest of their life.
Prescription Medication Errors
Prescription medication errors can include prescribing the wrong dosage of a medication or failing to warn a patient of potentially harmful interactions between their medications. Aside from doctors, pharmacists can also be liable for errors with medication.
Liability for Medical Malpractice
Several parties can be held liable in a medical malpractice claim, including:
- Medical assistants
- Rehabilitation facilities
For a party to be liable for medical malpractice, you must establish their negligence. Proving negligence requires satisfying the following requirements:
- The healthcare provider or facility owed you a duty of care
- They breached their duty of care
- The breach was the cause of your harm
- You suffered losses as a result
Proving a party is liable for your harm in a medical malpractice case is particularly challenging, as medical providers are held to a higher standard. Therefore, it is critical that you discuss your case with a Richmond medical malpractice lawyer as soon as possible. A qualified attorney can determine liability and help build a strong case.
Damages Available in a Medical Malpractice Lawsuit
Monetary damages compensate you for your injuries and losses after a healthcare provider causes you harm. The type of damages available depend on the details of your case but can either be compensatory or punitive.
Compensatory damages provide financial relief for your tangible and intangible losses. Medical malpractice damages can include:
- Past and future medical bills
- Loss of earning capacity
- Mental and emotional distress
- Pain and suffering
- Loss of enjoyment of life
Punitive damages are available for select cases. To be eligible to receive punitive damages, the defendant’s actions must reach beyond negligence and instead be willful or malicious.
While financial recovery cannot fix the wrong done to you, it can help with the financial burdens you’ve had to face and may continue to face in the future. A Richmond medical malpractice lawyer understands the significant impact fair compensation can have.
Statute of Limitations for Medical Malpractice Cases in Virginia
If you wish to file a medical malpractice lawsuit, you’ll have limited time to do so. The statute of limitations for medical malpractice cases in Virginia is two years from the date the malpractice was committed. However, some exceptions may exist.
A Richmond medical malpractice lawyer can help ensure you don’t risk missing the time allotted by the law. Because time is so important, make sure to consult with an attorney as soon as you’re able.
Discuss Your Case with a Richmond Medical Malpractice Lawyer
When a healthcare provider has done you wrong, count on The Joel Bieber Firm.
The legal team at The Joel Bieber Firm has extensive experience helping clients harmed by another party’s wrongdoing. We know the importance of financial recovery during such a difficult time, and we make seeking justice on your behalf our top priority.
When you work with us, you can focus on your physical recovery with confidence that your medical malpractice case is in skilled hands.
Contact our firm today to schedule a complimentary consultation, and let’s discuss how we can help you.