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What Does It Mean To Have a Medical Malpractice Case In Virginia?

Medical malpractice is not as simple of a concept as many people might think that it is. Many patients may believe that any negative result that they receive after a doctor visit or surgical procedure is a clear case of medical malpractice. Unfortunately, most cases are not “cut and dry” so to speak. In order to have an actionable claim for medical malpractice in Virginia, a patient must show that three factors exist: negligence, causation and an injury. Most people who believe that they have a medical malpractice case may have an actual injury; however, proving the first two elements of the claim can be quite complex.

The first element that must be present in order for a medical malpractice claim to exist in the Commonwealth of Virginia is negligence. Negligence arises when a doctor has a duty to perform some action and he or she fails to do so. For example, physicians have a duty to be knowledgeable in human anatomy. A doctor who cannot discern your metacarpals from your metatarsals might be considered to be negligent for treating a patient without having the requisite knowledge that a physician is expected to have.

Determining whether or not a physician or other health care professional is negligent becomes even trickier when you consider that the standard of care for determining negligence is set by the medical community. A doctor may only be considered negligent if he does something or neglects to do something that another reasonable doctor would or would not have done. This standard is changing all the time as new studies are completed and advances medicine are created.

To illustrate this point, consider the fact that a couple hundred years ago, many doctors used leeches to treat infections. Today, most doctors treat infections with medication and antibiotics. Even through the use of leeches would probably not be considered a reasonable or mainstream medical treatment today, it was considered to be reasonable at one time in medical history. Today, Virginia medical malpractice attorneys use expert medical witnesses to testify whether a specific practice or treatment is commonly used in the medical community. If it is not, the doctor or medical practitioner could be considered negligent.

Once it is established that a doctor or medical professional has committed a negligent act, the second element that must be shown is that the plaintiff has suffered an injury. The fact that a doctor’s actions could have caused an injury is usually not enough to sustain a medical malpractice case, unless the actions of the doctor were severe or malicious in nature. This element is called the “damages” element. A plaintiff must show that he or she was injured in some way, usually physically or financially, in order to recover in a Virginia medical malpractice lawsuit.

The final element of a viable medical malpractice case is causation. Causation is the link between the doctor’s negligence and the patient’s injury. In order to prove causation, an attorney must show the court that the patient’s injury was caused as a direct result of the doctor’s negligence. If the patient’s injury was caused by something else or the doctor is not found to be negligent, then a viable medical malpractice case may not exist. The best way to determine if you have a case for medical malpractice is to contact an experienced Virginia medical malpractice attorney who can assess the specific facts of your particular situation.

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