Medical Malpractice FAQs
Q. Where do you take cases in Virginia?
A. We review cases from the western half of the Commonwealth including SW Virginia: (Abingdon, Washington, Scott, Russell, Lee Counties); New River Valley: (Giles, Radford, Montgomery, Pulaski, Blacksburg, Christiansburg, Wytheville); Southside Virginia: (Martinsville, Danville, Halifax, South Boston); Roanoke Valley (Salem, Roanoke, Botetourt, Bedford, Franklin Counties); Shenandoah Valley: (Harrisonburg, Staunton, Waynesboro, Lexington, Rockbridge Co.) and more.
If you have a question as to whether we review, accept and handle medical malpractice cases in your area or against your local hospital or health care provider, call us today. Want to see if you have a case, or want us to recommend an attorney in your area of Virginia, call us 540-985-0098.
Q. What is a medical malpractice claim?
A. A medical malpractice claim is a claim filed against a corporation or an individual which provided negligent or substandard medical care.
Q. What is involved in the investigation of a medical malpractice claim in Virginia?
A. First, we start with a thorough review and analysis of your medical records. Second, we will orchestrate a review of your records by qualified medical experts who can testify at trial that your treating doctors were negligent and that his/her negligence is a direct cause of injury or death.
Q. How much will my medical malpractice claim cost?
A. We do not charge hourly rate for attorneys fees. We charge a % of the case outcome. No case is the same but most cases do involve litigation costs. Most of the expense in pursuing a medical malpractice case arises from the use of experts. Experts charge by the hour for their work on the file and total expert charges can range from a several thousand dollars to $30,000 or more. Under Virginia law, we cannot loan this money to our clients but work with every client to find a way to pursue claims of merit regardless of whether clients can pay costs. Question about costs – call our office.
Q. How long will my medical malpractice lawsuit take?
A. Most medical malpractice claims take approximately 18 months from the date the complaint is filed until the case is resolved, by settlement or trial. Investigating a case prior to suit can also take many months. Sadly, this is not a fast or quick process. To do it correctly our office must request and review medical records, hire experts, draft discovery, take depositions etc. before resolution is possible.
Q. How long do I have to file a medical malpractice claim?
A. In Virginia, the general rule requires malpractice claims to be filed within 2 years of the date of the medical negligence. This time period can be shorter or longer depending on the facts surrounding the claim. Promptly consult with an attorney knowledgeable with medical negligence law as the expiration of the statute of limitations would forever bar a claim.
Q. Why won’t an attorney take my case when the doctor was clearly negligent?
A. Medical malpractice lawsuits are very time-consuming and expensive. In some cases the expenses incurred in litigating the claim are more than the damages you would be able to recover.
In some cases, negligence may exist but there was no harm from the physician’s mistake. We spend countless hours reviewing each and every case to determine if we believe all the elements of a case exist: Negligence that caused significant harm.
We will also decline to take valid cases if we fear our clients cannot benefit themselves from the litigation because of Medicare or Medicaid liens.
Q. Will we have to go to trial?
A. There is no way to predict which cases will be tried and which will settle without a trial. We advise each of our clients that they should not pursue a medical malpractice claim unless they are prepared to prosecute the claim at trial.