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Medical Malpractice FAQs
Medical Malpractice FAQs

I pride myself in helping clients through their toughest times.- Bill O’Mara

Attorney at Cooper Hurley Injury Lawyers

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:

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. Cooper Hurley Injury Lawyers 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.)

John Cooper

John Cooper is a veteran of personal injury law practice in Virginia. A native Virginian, he was raised in Norfolk and Virginia Beach. He has more than 20 years of experience handling personal injury cases and recently handled the largest auto accident settlement in 2010, according to VA Lawyers Weekly. The award provided $3.5 million to a child whose young father died when the vehicle he was a passenger in was rear-ended by a careless truck driver.

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Jim Hurley

Jim Hurley has been practicing law throughout Virginia for more than two-and-a-half decades. During his career, he has tried more than 100 jury trials — a staggering number — and handled hundreds more that were settled out of court. He is guided by the principle that the client is in charge of his or her case and should be kept fully aware of the litigation process. Jim has been awarded an AV Rating by Martindale-Hubbell, the highest rating given, for his practice of law. He was named in Virginia Super Lawyers in 2014, 2015, 2016.

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Bill O’mara

Bill O’Mara started his legal career in 2008, moving back to his home town of Chesapeake, VA. He has practiced in the field of plaintiffs’ personal injury and other litigation. He has gained extensive court room and trial experience, including contested trials before judges and juries across Hampton Roads. In 2014, Mr. O’Mara joined Cooper Hurley Injury Lawyers as an associate attorney. He became a partner in 2017.

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