A Guide to Injuries and Damages in VA Medical Malpractice Cases

As patients, we trust doctors and healthcare providers to deliver quality medical treatment. But when physicians fail to meet expected standards of care, the consequences can be devastating. Hundreds of thousands of people in the U.S. suffer serious injuries due to medical malpractice every year. Many of them die.

Virginia law allows malpractice victims to seek financial compensation for losses caused by medical negligence. However, these cases get complicated quickly. Understanding what you’re up against and how to build a solid case is critical. An experienced lawyer from Lichtenstein Law Group PLC can serve as your guide to Virginia medical malpractice cases.

Our medical malpractice attorneys know these cases are highly technical and some of the most difficult to litigate. With over 100 years of combined experience, our legal team can craft a case that stands up to the toughest challenges from doctors and their Big Business insurers. If you or a loved one has been the victim of medical malpractice, contact us today for a free consultation.

What is Medical Malpractice?

Virginia Code (V.C.) § 8.01-581.1 defines medical malpractice as any negligent act, omission, or breach of contract by a healthcare provider for services provided — or services they should have provided — that results in the injury or wrongful death of a patient. In other words, a healthcare professional who hurts their patient by rendering improper medical care has likely committed medical malpractice.

Because healthcare providers usually work with people who are already ill, it can be challenging to determine when a patient suffers from a pre-existing condition or a new condition brought about by a provider’s negligence. To that end, V.C. § 8.01-581.20 outlines the legal standards for establishing malpractice.

In any medical malpractice case, investigators look to the relevant standard of care to determine whether a provider may have committed malpractice. The standard of care refers to the level of skill and attentiveness a reasonably competent healthcare professional would provide in a given situation. If a provider deviates from the standard of care, they may be liable for malpractice.

Examples of Medical Malpractice Injuries

Medical malpractice can result in both physical and psychological injuries.

Physical injuries include any harm that affects the body. Examples include untreated infections, wounds from surgical errors, and injuries sustained due to delayed treatment. The physical pain and suffering accompanying many injuries may also be compensable in a medical malpractice claim.

Psychological injuries involve mental and emotional suffering. Virginia courts are typically reluctant to award compensation for psychological injuries unless a physical injury accompanies them. Malpractice victims with valid claims may be entitled to compensation for psychological injuries such as mental anguish from a child’s preventable birth injuries or distress over their own health prospects.

How to File a Medical Malpractice Claim in Virginia

If you suspect you have grounds for a medical malpractice claim in Virginia, take these steps to establish a strong foundation for your case:

• Obtain your medical records. Doctors and hospitals must provide your records within a few days of receiving your request. You may need to pay a fee.

• Contact an experienced medical malpractice attorney. A knowledgeable lawyer will review the records to determine whether you have a valid case for compensation.
• Seek a second opinion. If your attorney believes you have grounds for a medical malpractice claim, they’ll ask an expert to review your records. An expert can shed light on whether they believe the clinician breached the standard of care. They must put their opinion in writing.

• File the lawsuit. Your lawyer can draft your complaint and file it with the court. Both sides will begin gathering evidence and witness testimony to support their case.

Ideally, your medical malpractice case will resolve in a settlement without the need for trial. But if the insurance company refuses to settle, you may need to take your case to trial.

What Types of Compensation Can I Receive?

With a successful medical malpractice claim, you could recover compensation for the following types of losses:

• Past and future medical expenses
• Physical therapy and rehabilitation costs
• Lost wages and earning capacity
• Pain, suffering, and lost quality of life

Are There Caps on Medical Malpractice Damages?

Yes, there are statutory limits on how much compensation you can recover from a Virginia medical malpractice claim. Under V.C. § 8.01-581.15, the maximum amount available in medical malpractice cases is based on the date when the malpractice occurred, as follows:

• July 1, 2012 – June 30, 2013 – $2.05 million
• July 1, 2013, – June 30, 2014 – $2.10 million
• July 1, 2014, – June 30, 2015 – $2.15 million
• July 1, 2015, – June 30, 2016 – $2.20 million
• July 1, 2016, – June 30, 2017 – $2.25 million
• July 1, 2017, – June 30, 2018 – $2.30 million
• July 1, 2018, – June 30, 2019 – $2.35 million
• July 1, 2019, – June 30, 2020 – $2.40 million
• July 1, 2020, – June 30, 2021 – $2.45 million
• July 1, 2021, – June 30, 2022 – $2.50 million
• July 1, 2022, – June 30, 2023 – $2.55 million

The medical malpractice caps will increase by $50,000 every year until 2031.

Statute of Limitations for Medical Malpractice Claims in Virginia

Like all states, Virginia has a statute of limitations on medical malpractice claims. This law imposes strict time limits on your ability to file suit, typically two years from the date when the malpractice occurred. If you wait to file your lawsuit until after the deadline passes, the court will most likely dismiss your case, and you will lose your right to demand compensation for your losses.

However, the law also recognizes several exceptions that can extend the time limit for medical malpractice cases. These include:

• Cases involving foreign objects – If a surgeon or other provider leaves a foreign object with no therapeutic or diagnostic effect in a patient’s body, the patient has one year from the date when they discovered (or reasonably could have discovered) the object to file suit.
• Cases involving fraud or deception – If a provider engages in fraud, concealment, or intentional misrepresentation to prevent a patient from discovering malpractice occurred, the patient has two years from the date when they discovered (or reasonably could have discovered) the malpractice to sue.
• Cases involving malignant cancers – If a doctor fails to diagnose certain malignant tumors, cancers, or types of schwannoma, the patient has one year from the date when they finally receive a correct diagnosis in which to sue.

The law also includes a statute of repose, which draws a hard deadline for medical malpractice lawsuits at 10 years from the date when the malpractice initially occurred. However, if a patient is legally incapacitated or under 18 when the medical malpractice occurs, the usual 10-year statute of repose may not apply. The patient may proceed with a lawsuit when they reach legal adulthood or their disability ends. Talk to one of our personal injury lawyers today.

Contact Our Lawyers Today

You deserve answers and accountability if you suffered malpractice by a doctor, nurse, or other healthcare providers. Turn to the legal team at Lichtenstein Law Group PLC. Our medical malpractice attorneys will review your case and discuss your options in a free consultation. Call or contact us today to get started.