Medical Malpractice Lawyer Virginia Beach
In 2018, a 58-year-old nurse at DePaul Hospital in Norfolk, Virginia, went to the doctor for unusual abdominal pain. She underwent a colon resection surgery, which seemed to be successful, but subsequent blood tests revealed a severe infection. The medical team delayed administering the appropriate antibiotics, and after multiple surgeries, the nurse succumbed to sepsis and multiple organ failure.
Her twin daughters came to us at Shapiro, Washburn, & Sharp. We reviewed the facts of the case and agreed that this was medical malpractice. The medical team failed to recognize the signs and symptoms of infection while she was in the hospital, failing to recover on a timely basis.
Our Virginia Beach medical malpractice lawyers went to work representing the nurse’s estate against the hospital and the surgical specialists. Could we prove that a 36- or 48-hour delay constituted malpractice? We harbored our doubts at first.
Though a case like this may seem straightforward, medical malpractice cases are uniquely challenging; many never settle outside of court. Instead, they proceed to trial or are dismissed entirely in favor of the doctors or hospitals.
In this article, we examine why this happens and what it means if you’re seeking justice for yourself or a loved one. In the meantime, if you were involved in this type of case, call us today at 833-997-1774 for a free consultation. Our team has more than 100 years of combined legal experience and has fought exclusively for personal injury victims since 1985. We are quite selective, but once we tell a family we believe in the case, we are 110% committed.
The Numbers Behind Medical Malpractice Settlements
According to a study published in the New England Journal of Medicine, only about 7 percent of medical malpractice cases ever go to trial, and the doctor or the hospital wins most of those that do.
The researchers wrote, “…nearly all physicians in high-risk specialties will face at least one claim during their career; a substantial minority will not have to make an indemnity payment.” (An indemnity payment is financial compensation paid to cover a loss or damage—in other words, a settlement.)
The remaining cases are either dropped, dismissed, or settled out of court. However, settling is a complicated process, as the injured party is going up against a doctor and the medical center or hospital, and they have big insurance companies and legal firms working for them.
Why Most Medical Malpractice Claims Don’t Settle
In the legal world, a “settlement” means that the two parties—the patient and the doctor or hospital—agree to resolve a case without a trial. The doctor, however, typically does not want to settle because if they do, a report is filed with the National Practitioner Data Bank (NPDB). This is a very good reporting system that can weed out repeat offender, bad physicians.
If a report is sent to the NPDB, the settlement goes on the doctor’s permanent record, which can affect their hospital privileges, insurance rates, reputation, and future employment opportunities. No doctor wants that, so they sometimes may resist settling—even if the evidence is not in their favor—if they have a ray of hope.
Insurance companies, which cover the doctor’s legal defense, often support the doctor’s decision. They don’t want to risk losing that doctor’s business or alienating their other policyholders by pushing for a settlement the doctor doesn’t want.
That means doctors and their insurers—as well as hospitals and their insurers—will dig in and aggressively fight malpractice claims, as their professional reputations are at stake.
How a Medical Malpractice Case Unfolds
Medical malpractice cases are often some of the most challenging legal claims to pursue. This is why you must have an experienced legal team on your side.
It begins with an initial case review. We review all the evidence, discuss what happened to you or your loved one, and determine whether you have a claim. If you do, we know we must get an expert opinion from at least one qualified medical professional willing to testify that your doctor or medical team violated the standard of care. Without such an expert, the case won’t be able to proceed.
Because of our many years of experience, we have a robust list of qualified medical experts to call upon when needed. This can give you an advantage in your case.
Next, we file the lawsuit. From there, the process becomes more intense and complex. Deadlines are strict, and procedures have to be followed precisely. During the discovery phase, both sides exchange information, answer questions, and conduct depositions. This process can take months and often exceed a year before the trial date, which the court sets with the agreement of all attorneys.
Finally, the two sides look at either agreeing to a settlement or going to trial. Doctors and hospitals would prefer not to settle—they’d rather fight it out in court. But if you have a medical expert with an experienced and persuasive opinion and your legal team is strong, you may be able to negotiate a fair settlement, as the other side will realize they have a lesser chance of prevailing at trial before a jury.
What the Patient Has to Do
If your case does go to trial, you will need to participate in two main ways:
- Discovery Participation: You’ll answer written questions and produce documents, such as your medical history, bills, and records. Your legal team will guide you every step of the way.
- Deposition: You’ll give a deposition, which is a sworn statement outside of court but recorded by a court reporter. It is a preview of your testimony at trial. At Shapiro, Washburn, and Sharp, we help you prepare so you can speak clearly and confidently about your experience.
- Trial Testimony: You or the personal representative of the estate is an important witness at trial.
How Can a Medical Malpractice Attorney Help?
Medical malpractice claims can be difficult and time-consuming. We recommend that no layperson attempt to represent themselves in such litigation. If we agree to take on your case, we will use our extensive experience and resources to fight for your rights, as we did for that nurse we mentioned at the beginning of this article. Her twin daughters filed a wrongful death lawsuit, and it went to trial.
After five days of testimony and nearly five hours of deliberations, the jury found that two treating physicians breached the medical standards of care and failed to address her infection promptly, leading to the nurse’s death. The jury returned a verdict of $2.23 million.
If you or a loved one suffered permanent and catastrophic injuries or untimely death due to medical negligence, contact Shapiro, Washburn, & Sharp immediately. We have offices in Virginia Beach, Hampton, Norfolk, Portsmouth, and Chesapeake.