How to File a Virginia Medical Malpractice Claim

Have you been injured due to the negligence of a healthcare provider? You could be a victim of medical malpractice. Learn more about the rules that apply when filing a medical malpractice claim and how the process works in Virginia.

What to Consider When Filing a Medical Malpractice Claim

• The statute of limitations in Virginia is two years. This means you have two years from the date of the incident—or two years from the date you discovered your injury—to file a medical malpractice lawsuit. There are exceptions to this, including filing for a minor, so speak with our Virginia personal injury lawyer for more details.
• The burden of proof rests with you. To receive damages, you must first prove that the healthcare provider failed to treat you with the level of skill and diligence reasonably expected from a practitioner of their particular specialty. Second, you must prove that your injury is the direct result of the healthcare provider’s negligence.
• Virginia caps the recoverable damages for medical malpractice claims at $2.4 million for incidents between July 1, 2019, and June 30, 2020. The cap increases by half a million dollars per year for the next decade.
• Our medical malpractice attorneys work on a contingency basis. This means you don’t pay your lawyer until and unless you win your case.

The Process of Filing a Medical Malpractice Claim in Virginia

When you approach our attorneys about filing a medical malpractice claim, here’s how you can expect us to proceed:

• We investigate your medical records to decide whether your case is eligible for a medical malpractice claim.
• We seek an expert review from a licensed physician who practices in the same field as the healthcare provider who treated you negligently.
• The expert provides their opinion in writing to certify their belief that the defendant has deviated from the appropriate standard of care.
• We file the lawsuit, known as a “complaint” in Virginia, which is served on the defendant.
• Both parties issue a written discovery to request documents and answers to questions under oath. The facts discovered during this phase become the building blocks of your case.
• We take depositions of witnesses, clients, other treating physicians, and experts while under oath.
• We enter into settlement negotiations to attempt to resolve the case before it goes to trial.
• A trial takes place if we are unable to settle the case out of court.
• If we win, we present you with the damages to cover your injury’s physical and emotional costs.

The best way to ensure a smooth medical malpractice claim and a maximum payout amount are to work with an experienced personal injury lawyer. The Law Firm of Kevin Paul Childers is committed to helping you receive the compensation you deserve following your injury. Choose us to represent your case, and we’ll work hard on your behalf. Contact us to schedule your free case analysis today.