Questions About Medical Malpractice
How is medical malpractice legally defined?
In short, medical malpractice occurs when a healthcare provider fails to meet their duty to a patient and an injury results. This can include any medical professional involved in the diagnosis, treatment, or care of a patient. Many medical malpractice cases involve several negligent parties, including private practitioners and medical facilities. The mistakes made by any health care provider can be medical malpractice, including mistakes made by hospitals, nurses, chiropractors, dentists, therapists, or surgeons.
What are some examples of medical malpractice?
There are a number of types of medical malpractice. Some examples would include:
- Failure to diagnose a condition
- Emergency room errors
- Surgical errors
- Improper monitoring
- Over- or under-medication or incorrect medication
- Birth injuries
As a general rule, if you have sustained an injury while in the care of a medical professional, you may have a right to file a medical malpractice lawsuit.
How is negligence in a medical malpractice lawsuit determined?
To prove medical malpractice, one of our Norfolk, Virginia lawyers will need to establish three points:
- Your healthcare provider failed in their duty to provide accepted standards of medical care
- You have sustained an injury or illness while under a physician’s care
- The cause of your injury was your healthcare provider’s negligent actions
These are known as medical negligence, patient injury, and causation.
Do I have a medical malpractice claim?
The best way to determine if you have a valid medical malpractice claim is through a case evaluation with John Cooper or Jim Hurley. We will discuss the details of your situation and investigate the four elements necessary to establish your case (medical negligence, patient injury, and causation). We will then give you our honest opinion about whether or not you have a claim that is worth pursuing.
Why hire an attorney for a medical malpractice lawsuit?
The medical industry is powerful. With the help of shrewd insurance companies and lawyers, a large number of medical malpractice cases are dismissed before they ever reach a trial. When you have an experienced, aggressive lawyer on your side, your chances of proving negligence and gaining compensation are significantly higher.
Only with a medical malpractice attorney can you be sure that you are pursuing the full amount of compensation you deserve. In Virginia, you cannot even file a lawsuit without a lawyer certifying that a qualified expert is prepared to testify about the medical negligence of the at-fault doctor.
If you have further questions about medical malpractice, please contact us today to schedule a personal consultation with John Cooper or Jim Hurley. The Cooper Hurley Law Firm has offices in Norfolk and Virginia Beach, Virginia. If your injuries have made travel difficult, we can come to you.
(Please be sure to schedule an appointment before visiting our Virginia Beach office.)