Roanoke Medical Malpractice Attorneys Serving Southwest Virginia
What Is Medical Malpractice in Virginia?
Medical malpractice refers to harm caused by negligent medical care—this could be due to a botched diagnosis, surgical error, or improper treatment. In Virginia, such claims are filed when patients suffer physical or financial injuries as a result of substandard care provided by licensed healthcare professionals like doctors, nurses, or nursing homes.
Recent Successes | Examples of Resolved Cases
Tonsillectomy Complications
Patient/Procedure: 4-year-old boy, tonsillectomy (successful)
Issue: Five days later, the child developed severe throat/stomach pain and vomited blood. ER doctor misdiagnosed as constipation and bleeding from a normal surgical scab. The child was discharged but worsened at home.
Outcome: Child died 10 days later despite emergency surgery to stop bleeding.
Settlement: $1,100,000 against ER physician
Dental Anesthesia Emergency
Patient/Procedure: 2-year-old boy, tooth extractions and fillings under anesthesia
Issue: The child couldn’t wake up from anesthesia and had breathing problems. Anesthesiologist’s rescue attempts failed—air went into stomach instead of lungs.
Outcome: Child transferred to hospital but declared brain dead.
Settlement: $1,002,500 against the dentist and anesthesiologist
Infected Knee Replacement
Patient/Procedure: 52-year-old man with old football injury, total knee replacement (successful)
Issue: Surgical wound became infected and wouldn’t heal. Despite the wife’s photos showing infection, the surgeon repeatedly documented “no infection” for months.
Outcome: Patient required multiple surgeries, IV antibiotics, and complete knee replacement at another hospital.
Settlement: $800,000 against the orthopedic surgeon
Severed Nerve During Back Surgery
Patient/Procedure: 44-year-old single mother (caring for autistic son), lumbar fusion surgery (XLIF)
Issue: Immediately after surgery, the patient had pain, numbness, and couldn’t move the left leg. The surgeon claimed it was a temporary “stretch injury.” Second opinion revealed surgeon had completely severed femoral nerve.
Outcome: Permanent pain and inability to walk—no treatment options due to delayed discovery.
Settlement: $1,700,000 against the spine surgeon
Failed Hernia Repair
Patient/Procedure: 71-year-old woman with chronic acid reflux, laparoscopic hernia repair
Issue: Patient had severe pain after discharge. Surgeon’s office ignored repeated calls for two days, claiming normal post-op pain. After 10 days, the ER scan showed the repair had failed—part of the stomach had moved into the chest, compressing the heart and lungs.
Outcome: Emergency surgery and 10-day hospital stay.
Settlement: $1,000,000 against general surgeon
Wrong Duct Cut During Gallbladder Surgery
Patient/Procedure: 50-year-old woman, robotic gallbladder removal
Issue: The surgeon cut the wrong duct, causing bile to leak into the abdominal cavity. The patient developed severe pain after discharge.
Outcome: Multiple complex repair surgeries and weeks of hospitalization at the referral hospital.
Settlement: $850,000 against the general surgeon
Mother / Wife dies after Medical Mismanagement – $1,000,000
Injuries alleged: Wrongful death
Date resolved: March 10, 2025
Attorney for plaintiff: Lauren Ellerman, Roanoke, Frith & Ellerman
Description of case: A woman in her mid-50s presented to her OB-GYN for abnormal bleeding and was taken off her blood thinning medication prior to a surgical procedure. The plaintiff alleged the medicine was not discontinued in a timely manner, and as a result, the patient suffered an avoidable stroke. The woman died as a result of the stroke, leaving a spouse and six children.
Surgical Malpractice: 20 repair surgeries required
The plaintiff required more than 20 subsequent surgical procedures and repairs and suffered significant injury.
Type of action: Medical malpractice
Injuries alleged: Significant injury following laparoscopic cholecystectomy, requiring subsequent surgical procedures
Date resolved: 6/24/2024
Verdict or settlement: Settlement
Amount: $1,750,000
Attorneys for plaintiff: Lauren Ellerman, Roanoke
Do You Have a Medical Malpractice Case?
If you’ve been injured—or a loved one harmed—by possible medical negligence, Frith & Ellerman can help. First, they’ll review your medical records and consult qualified experts to determine if negligence is present and directly caused the harm.
What’s the Process for a Medical Malpractice Claim?
- Record Collection & Review: The firm begins by gathering and thoroughly analyzing your medical records.
- Expert Evaluation: Qualified medical experts assess whether the provider’s care fell below standard and directly caused harm.
- Filing a Claim: If negligence is confirmed, the firm prepares and initiates the claim—protecting your legal rights.
Legal services for medical malpractice might include any of the following:
- Chiropractic negligence
- Emergency room negligence
- Failure to diagnose
- Hospital negligence
- Lack of informed consent
- Medication errors
- Misdiagnosis
- Nerve injuries
- Nursing negligence
- Nursing home negligence
- OB/GYN negligence
- Ophthalmologic negligence
- Physician negligence
- Podiatric negligence
- Resident physician negligence
- Retained foreign materials (sponges, needles, screws, etc.)
- Surgical errors
- Surgical injuries
- Urological negligence
- Wrong site surgery
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Medical Malpractice Questions & Answers
Who Can Be Held Accountable?
Virginia law defines a “health care provider” to include individuals such as nurses and institutions like nursing homes—but it excludes entities like expired-license physicians or laboratories.
How Much Will It Cost?
Frith & Ellerman operate on a contingency-fee basis, meaning you pay only upon successful resolution. Client costs mainly involve expert evaluations, which may range from a few thousand dollars to over $30,000. While Virginia law prohibits the firm from loaning these fees, they work collaboratively to proceed regardless of your ability to pay upfront.
How Long Will It Take?
Medical malpractice cases in Virginia often take around 18 months from filing to resolution, whether by settlement or trial. The pre-filing investigation—including record requests, expert involvement, discovery, and depositions—also adds several months.
What Is the Statute of Limitations for a Medical Malpractice Case?
- General Rule: Claims must be filed within two years of the injury date.
- Minor’s Claim: If the patient is under 8 at the time of injury, they have until their 10th birthday to file.
- Wrongful Death: Claims must be filed within two years of death, with special timing rules if a personal representative must be appointed.
- Exceptions: Injuries involving foreign objects or concealment may extend filing to one year after discovery, but no more than 10 years after the injury.
Why Aren’t All Medical Malpractice Cases Taken?
Not all medical malpractice cases are accepted. Only cases meeting strong legal standards and where clients stand to gain are pursued. Common reasons we may not take a case include:
- High Costs and Complexity: Expert testimony and litigation expenses may exceed potential recovery.
- No Significant Harm: Negligence must result in significant injury to proceed.Medicare/Medicaid Liens: These may negate client benefit.
Will the Case Go to Trial?
It’s impossible to predict. While some claims settle, others require full prosecution at trial. Clients should be prepared for litigation if necessary.
Trustworthy, Local Experience for Medical Malpractice Cases
Frith & Ellerman focus on medical malpractice cases throughout Western and Southwest Virginia. This includes Roanoke Valley, New River Valley, Southern Shenandoah Valley, Southside Virginia, and adjacent counties such as Montgomery, Radford, Harrisonburg, Staunton, and Danville.
- The attorneys bring over 40 years of combined litigation experience in state and federal courts across Virginia.
- Need help evaluating a potential case? Fill out our intake form or call today at (540) 985-0098.