Medical malpractice lawsuits in Virginia are complex legal cases requiring plaintiffs to prove that a healthcare provider failed to meet the standard of care, resulting in harm. Virginia law has specific procedural requirements, including obtaining a certification from a qualified medical expert before filing a claim.
Shapiro Washburn & Sharp has decades of experience of successfully representing clients injured because of medical negligence. If you believe you’ve been a victim of medical malpractice, call our office at 833-997-1774 to schedule a free consultation to learn more about your legal rights and options for seeking justice and maximum compensation.
What Are the Initial Steps in Filing a Virginia Medical Malpractice Lawsuit?
The first step in filing a medical malpractice lawsuit in Virginia is consulting with an experienced malpractice attorney. Your lawyer will evaluate the details of your case, including reviewing medical records, timelines, and the harm caused. Once it is determined that your case has merit, your attorney will gather the necessary evidence to prove negligence.
Before filing a lawsuit, Virginia law requires plaintiffs to obtain a certification from a qualified medical expert. This expert must review the case and agree that the defendant deviated from the accepted standard of care, resulting in the patient’s injury. This certification ensures that the case has a valid medical basis before proceeding to court.
What Is the Certification of a Qualified Medical Expert, and Why Is It Required?
Virginia requires a certification from a qualified medical expert as a prerequisite for filing a malpractice claim. This expert, usually a licensed doctor in the same field as the defendant, must review the evidence and determine that the healthcare provider’s actions deviated from the standard of care.
The purpose of this requirement is to ensure that only cases with legitimate claims move forward, discouraging frivolous lawsuits. Without this certification, the court will not allow your case to proceed. Your attorney will help identify and secure a qualified expert who can provide this essential testimony and support your claim.
What Is the Standard of Care, and How Is It Proven in Court?
The standard of care refers to the level of skill, competence, and treatment that a reasonably skilled healthcare provider would provide under similar circumstances. In a malpractice lawsuit, the plaintiff must prove that the defendant failed to meet this standard and that this failure caused harm.
Proving the standard of care requires expert testimony from a medical professional in the same specialty as the defendant. The expert will explain what a competent provider should have done in the same situation and how the defendant’s actions fell short. For example, if a surgeon left a foreign object inside a patient, the expert might testify that this act was a clear deviation from standard surgical procedures.
What Happens During the Discovery Phase of a Malpractice Lawsuit?
The case enters the discovery phase after filing the lawsuit and serving the defendant. This is when both sides exchange evidence, take depositions, and gather information to build their cases.
The plaintiff’s attorney will request medical records, obtain statements from the defendant and witnesses, and work with experts to strengthen the claim. The defense will likely examine the plaintiff’s medical history to identify other potential causes of the injury and challenge the expert’s conclusions. Discovery is a critical phase where the foundation of the case is solidified, but it can also be time-consuming.
How Is a Medical Malpractice Case Resolved in Virginia?
Medical malpractice cases in Virginia are typically resolved through settlement negotiations or a trial. Settlement discussions may occur during or after the discovery phase, with both parties negotiating a financial resolution. Settlements are common, as they save time, legal costs, and the uncertainty of a trial.
If a settlement cannot be reached, the case proceeds to trial. Both sides present evidence, expert testimony, and arguments to a judge or jury. The outcome depends on whether the plaintiff can prove, by a preponderance of the evidence, that the defendant’s negligence caused the injury. If successful, the plaintiff may recover compensation for medical expenses, lost wages, pain and suffering, and other damages.
Why Is Legal Representation Critical in a Virginia Malpractice Lawsuit?
Virginia’s malpractice laws are highly specific and require careful navigation of procedural rules and evidence requirements. A skilled attorney understands the complexities of the certification process, the standard of care, and the burden of proof needed to win your case.
Your attorney will guide you through every step, from finding a qualified medical expert to negotiating with insurance companies or presenting your case in court. With their expertise, you can focus on your recovery while they work to secure the compensation you deserve.
Contact Shapiro, Washburn & Sharp at 833-997-1774 for a free consultation. We are ready to help you understand your legal options and ensure that your rights are protected.