If you believe that your doctor injured you and that it was due to negligence, then you may be wondering what your options are. You likely feel like you are owed justice for what’s happened to you, and you do. However, malpractice cases are very complicated, and unfortunately, the threshold for medical negligence is high.
Let’s take a look at some important things to know about medical malpractice laws in Virginia.
The Time Frame to File Your Claim
First, you should know that there is a difference between an injury case and a wrongful death case, and those two will be treated differently if caused by medical malpractice. With regards to injury claims, you have two years to file your claim to recover damages. If you don’t file within that period, then your case will be rejected.
Pre-Suit Requirements
Virginia has some rules pertaining to what you must do prior to filing your case. These laws require you to have your case investigated, and you must notify the medical practitioner that you intend to sue them for medical negligence.
The practitioner then has some time to look into the case to determine if they agree that medical malpractice occurred. They can also offer to settle your case before you take your claim to court.
Medical Expert Testimony
In Virginia, you will need a medical expert to testify on your behalf. The expert must testify as to what the appropriate standard of care should have been, and the expert will testify as to how your doctor violated that standard of care.
If you win your case, you can either receive a settlement or you can take your case to court to receive the monetary compensation you deserve.
Get in Contact with a Virginia Medical Malpractice Attorney
Medical negligence should not be tolerated, and you deserve justice if you’ve been harmed by a doctor because of substandard treatment. However, medical malpractice cases are the most difficult to win, so it’s best to have a personal injury attorney on your side as soon as possible.
Head over to the website of Halperin Law Center to learn more about obtaining justice and compensation for the medical injury you’ve sustained. You can also call our firm directly at 804-527-0100 to receive a free case review.