Frequently Asked Questions
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I believe I’ve been the victim of medical malpractice. What can I do so an effective review of my potential case can be accomplished?

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Medical Malpractice, Doctor Mistakes, & Surgical Errors in VA

We receive dozens of calls a day regarding potential medical malpractice cases.  Unfortunately, for the victims who suffered serious injuries, very few cases that are reviewed actually amount to malpractice, or into a case where we can obtain a recovery for the client that would justify the costs associated with litigating the case.  To be more specific, medical malpractice cases are extremely expensive and difficult to litigate.  As a general rule, they do not settle and require going to trial.  If you believe you have been the victim of medical malpractice, there are several steps you can take to make sure your case is thoroughly reviewed.

1. Obtain a complete copy of your medical record.  This would include your admission paperwork, any operative or surgical notes and your discharge summary.

2. Make sure you have a narrative of everything that happened from the time you believe malpractice occurred until the time the issue was remedied.

3. Make sure to send all of these documents to the attorney reviewing your case and expect to sit and wait for a little bit.

What many people don't realize is that medical malpractice cases are based largely, if not entirely, on the medical record.  In that regard, the medical record tells the story.  Sometimes, the medical record can be thousands of pages.  If you must send that much documentation to a lawyer, you should understand that it might take some time before the lawyer can get you an answer.  It is best that you send the documentation as soon as possible so that a lawyer can evaluate your case in a timely manner.

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I commute everyday from Norfolk to my work and I often see disabled vehicles stopped on the highway. If the disabled vehicle was to cause an accident, would it be that driver’s fault?

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Car Accidents in Virginia Beach, Norfolk & Chesapeake

The law in Virginia, written in the Virginia Model Jury Instructions book states, “A driver whose vehicle is stopped on a roadway because he was involved in an emergency, an accident, or a mechanical breakdown must turn on the emergency flashing lights of his vehicle, if they can be operated, and remove his vehicle from the roadway to the shoulder as soon as possible.”
 
The jury instructions are the law as would be given by a Virginia judge to a jury in a Virginia personal injury lawsuit.  The vehicle must have some sort of indicator to other vehicles on the road that it is stopped, such as hazard lights if operational, and the owner must remove their vehicle from the roadway to the shoulder lane if possible. As long as they perform these duties they will likely not be considered negligent drivers.

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I didn’t start feeling any pain until 2 days after my accident and didn’t tell the police officer I was hurt. Is that going to be a problem?

Category

Car Accidents in Virginia Beach, Norfolk & Chesapeake

Though we are Virginia personal injury attorneys and therefore cannot give you medical advice, it is often the case where a person won’t realize that they are injured until after several hours have passed.  Most doctors will tell you that in soft-tissue injuries (sprains and strains) the pain actually will get a bit worse before it starts getting better.  Even if you didn’t tell the police officer you were hurt, you still should seek medical treatment, and you still can get recovery for your injuries.  Just don’t delay any further, and make sure you see a medical professional as soon as possible.

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