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Firm Library

Medical Malpractice

Anyone in the Norfolk, Virginia area who has been harmed or injured by a physician or other healthcare provider due to negligence or improper treatment may be a victim of medical malpractice. Medical malpractice is a specific legal term used to describe lawsuits resulting from a variety of circumstances that lead to damage to a patient. These incidents can include misdiagnosis, delayed diagnosis, failure to diagnose, mistreatment, surgical errors, medical errors, medication errors, or other types of negligence. These lawsuits can be brought against physicians, nurses, lab technicians, pharmacists, registered dieticians, dentists, and other healthcare providers. The majority of medical malpractice cases claim delayed diagnosis or mishandled diagnostic tests. The result of any type of medical malpractice can be devastating to a patient resulting in delayed treatments, kidney failure, brain injury, birth injury, blindness, and often death.

A report by the Institute of Medicine estimates that 44,000 to 98,000 people die in U.S. hospitals each year due to medical errors making this one of the Nation’s leading causes of death and injury. Many experts believe this estimate is too conservative and that the number is actually higher. At any rate, more people die from medical errors than from breast cancer, AIDS, or motor vehicle accidents. Add to this the fact that tens of thousands more patients are injured each year due to medical malpractice and you get a picture of the magnitude of this problem.

The insurance industry and the medical lobby are pushing hard to have laws changed regarding medical malpractice cases at both the state and the federal levels. Both of these groups are extremely well funded and are able to commit great resources to this fight. They want to take away a patient’s right to a trial by jury, a right that is protected by the 7th Amendment to the Constitution. These groups seek to limit punitive or noneconomic (pain and suffering) awards, standardize guidelines for awarding punitive damages, and prohibit instructing juries about these limits on awards. We believe that each case should be considered individually by a jury, not legislated in advance by politicians.

The current laws in the Commonwealth of Virginia regarding medical malpractice claims are very complex. There are varying statutes of limitations for filing a claim depending on the case. There are also statutes that limit the amount that can be awarded for bodily injury or death resulting from a medical malpractice case and the amount that can be awarded for punitive damages. The burden of proof in a medical malpractice case in Virginia lies with the plaintiff. The plaintiff must be able to prove the standard of care in place at the time, a breach in the standard of care, that injury occurred as a direct result of the breach in the standard of care, and what injuries were suffered. Expert testimony is required to prove a medical malpractice case in Virginia as well. All of this can be very confusing and difficult to traverse.

Michael Weisberg and Allan Zaleski have many years of experience in dealing with the medical malpractice laws in Virginia. Our firm has a proven track record of winning sizeable settlements in these types of cases.

Not all bad results that occur in healthcare qualify for medical malpractice cases. It is sometimes difficult to know if your case will qualify without further investigation. However, if you feel you or a loved one may have been the victim of medical malpractice contact us at 757/622-7740 or toll-free at 800/690-0235 to schedule your free no-obligation consultation. We can draw upon our experience and expertise in the field of medical malpractice, and after a close examination of the facts of the case, help you to determine how to proceed. Rest assured that we will use every legally available means to fight for your rights.

Library for Medical Malpractice:

Why is Heparin Killing Babies?
Description: Critics have cited a drive for profit as one reason for an increase in medical errors, as more nurses are working longer hours and taking care of more patients which some believe naturally leads to unavoidable human errors. Unfortunately, the latest medical mistake has claimed the lives of two babies in a Texas hospital, victims of an accidental hospital overdose.
Website Allows Consumers to Compare Hospitals
Description: The U.S. Department of Health and Human Services has been updating its Hospital Compare website. This website allows you to compare hospitals based on different criteria. Many Virginia hospitals currently have information available on the website.
Special Rules for Virginia Medical Malpractice Cases
Description: Virginia has special rules for medical malpractice cases that make it tough on plaintiffs.
Has Your Doctor Committed Medical Malpractice?
Description: The Virginia Board of Medicine's new website allows you to learn whether your doctor has committed malpractice before.
How Medical Mistakes are Costing U.S. Healthcare $8.8 Billion
Description: Tort reform supporters argue that the rising costs of healthcare are due to increasing insurance costs at the hands of plaintiff's medical malpractice suits. A new study from HealthGrades indicates that the industry is costing the American people $8.8 billion in avoidable medical mistakes.
Transient Ischemic Attacks & Strokes
Description: Transient ischemic attacks, or "mini-strokes," have all the symptoms of a stroke but do not permanently damage the brain. However, it is important to recognize the symptoms and call 911 as soon as you experience them.
Understanding Cancer Staging Terminology
Description: The failure to diagnose cancer early in the tumor's growth can cost years off patients lives. This guide to cancer staging may help you better understand some of the terminology used by your doctor.
Shortage of On-Call Specialists at Hospitals is Costing Patients
Description: Hospitals are having difficulty getting specialists to work their 24 hour on call shifts. The lack of proper staffing can cause increased wait times for patients and can increase the level of injury sustained.
New Technology may Reduce Physician Mistakes
Description: 1,500 surgical tools are left in patients each year. Nearly two-thirds of these items are surgical sponges, which are can be tough to detect after surgery.
Switching to Electronic Health Records has Great Benefits, But Poses Liability for Hospitals
Description: Doctors are slow to switch to electronic health records. The change could have a great benefit for patients, but poses liability issues for doctors.