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Personal Injury and Automobile Accidents
- Virginia Seatbelts
- Nursing Home Cases
- Personal Injury Cases where the injured party has died
- Dog Bite Cases II
- Looking out for your teen driver
- Dog Bites
- Hosting a Graduation Party in Virginia? Read This First!
- Virginia Beach Sheriffs Immune
- Chesapeake to Install Countdown Crosswalks
- Charlottesville, Virginia Police Taking Heat After Hitting Wheelchaired Pedestrian
Medical Malpractice
- More heparin deaths? Yes, its true.
- Joint Commission Targeting Children Medication Mix-Ups
- Finding The Best ER For Your Child
- Why Free Drug Samples Are a Bad Idea
- Knee and Hip Replacements Expected to Spike
- Supreme Court Grants Immunity for FDA Approved Medical Devices
- FDA Warns Doctors to Retrieve Device Fragments
DUI, Traffic and Criminal Law Defense
- DUI Cases II
- Can walking in a straight line really reveal that I’m unfit to drive?
- Your Right to Remain Silent
- Drug Offenses
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- 'Click It or Ticket' and Virginia's Seat Belt Laws
- Inside the Officer's Mind
- UVA Professor: Vague Traffic Laws Invite Discrimination
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General
Firm News
Kaine announces newest attack on drunken driving
Christie Brinkley Divorce Case Settled
Shia LaBeouf receives DUI, cleared of blame in car crash
Police: charges pending against injured Virginia Beach motorcycle rider
Norfolk Police officer off the streets after DUI arrest
Bicyclist Killed After Being Struck By SUV
W&L professor formally sues Virginia Lottery
Salmonella can ride water into tomatoes
Cold Medication Use In Young Children Can Lead To Adverse Effects, Even Death
Man in critical condition after being hit by car in Norfolk
Firm Library
Personal Injury and Automobile Accidents
- Car Insurance Terms in Virginia
- What are Virginia's Laws Regarding Dog Bites?
- One in Three Va. Drivers Texting
- No Civil Liability for Hosts or Bars in Virginia
- Is Your Car Spying On You?
Medical Malpractice
- Switching to Electronic Health Records has Great Benefits, But Poses Liability for Hospitals
- Why is Heparin Killing Babies?
- Website Allows Consumers to Compare Hospitals
- Transient Ischemic Attacks & Strokes
- How Medical Mistakes are Costing U.S. Healthcare $8.8 Billion
DUI, Traffic and Criminal Law Defense
- Having one more for the road may skew breath tests
- Virginia DUI Laws for First Time Offenders
- Virginia Legislature Working to Repeal Fines
- Requesting a Restricted License in Virginia
- Ignition Interlock Devices & DUI Law
Divorce
General
Special Rules for Virginia Medical Malpractice Cases
Virginia has some of the toughest rules of any state for medical malpractice plaintiffs. Not only does the state place a cap on the amount of damages you can recover from a doctor, but it also offers a short, unforgiving statute of limitations.
Virginia Damages Cap
In Virginia, all medical malpractice cases are limited. Until July 1, 2008, the cap will be $1,925,000. Starting on July 1, the caps will rise for a final time to $2,000,000 for any act of medical malpractice. While this may seem like a large number, consider the patient who requires several surgeries and extended hospital stays to correct a physician’s mistake. $2 million is the most that the doctor and his insurance company will be liable for, no matter what the ultimate cost to the patient is.
Additionally, because these caps are for the amount of damages incurred by the patient, the total amount recoverable is $2M even if 4 or 5 different doctors were liable. In Virginia, a settlement or judgment against one defendant can be used to reduce the maximum liability of all others.
Finally, punitive damages are limited to $350,000. Punitive damages are designed to punish egregious behavior and deter doctors from being grossly negligent in their treatment.
Medical Malpractice Statute of Limitations
Virginia has a very strict statute of limitations. A “statute of limitations” is the length of time from the date of the injury that a plaintiff is allowed to file a lawsuit. If the plaintiff waits to long to file the suit, it will be barred by the court – no matter how wrongfully the doctor acted.
Medical malpractice lawsuits in Virginia must be brought within two years of the date of the injury. This means you have two years from the date of the botched surgery, mishandled medication, or incorrect diagnosis to file a lawsuit. The vast majority of other states have adopted the “discovery rule,” which means that the clock begins to “tick” from the time that you discovered or should have reasonably discovered the injury. This means that if the doctor misdiagnoses cancer and you don’t discover his error until two years and one day later, you may not file suit.
The sole exception to this is the lost foreign object case. If a surgeon leaves a surgical sponge or other implement inside a patient, that patient has one ear from the date that the object should have been discovered to file suit. But even this rule is limited to a 10 year “statute of ultimate repose.”
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Weisberg & Zaleski, P.C.
112 College Place
Norfolk, VA 23510
Toll Free: (800) 690-0235
Phone: (757) 622-7740
Fax: (757) 533-9223
FAQs
Personal Injury and Automobile Accidents
- Do I need a specialty lawyer for my personal injury case?
- When do I have a personal injury claim?
- Will a traffic court's determination of guilt or innocence affect the outcome of my civil suit for personal injury?
- Should I leave my vehicle unmoved at an accident scene until the police arrive?
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Medical Malpractice
- What will the attorneys fees cost?
- What should I do if I feel that I, or someone close to me, have been a victim of medical malpractice?
- How is medical malpractice defined?
- The result of the medical care was bad and I believe that my doctor made a mistake. Will I win my case?
- Do doctors have a duty to tell the patients of every possible risk associated with a medical procedure?
DUI, Traffic and Criminal Law Defense
- Will a traffic court's determination of guilt or innocence affect the outcome of my civil suit for personal injury?
- Does the failure of the police to give the Miranda warnings prior to arrest operate to make your arrest unlawful?
- I have failed my breathalyzer test. What good can an attorney do in such a case?
- When should an attorney be present with me?
- I have been asked to sign some forms by the police officers. What should I do?
Business Litigation
- What is involved in litigating a business matter?
- What are the alternatives to litigation?
- How does mediation differ from arbitration?
- What effort will you put in to my case?
- What fee schedule is employed for a class action?
Divorce
- If your spouse is in the military and you have been married less than ten years, do you have any rights to the military pension?
- Do you have to have the agreement of your spouse to get divorced?
- How is it possible to agree on a divorce with the best possible outcome for both parties?
- Can I and my spouse use the same attorney for our divorce for the purpose of saving money?
- How likely is it for a father to retain custody of the children?