A great deal of my day is spent investigating and discussing possible medical malpractice cases.

Truth is, not every call we get is a case. Very few are actually cases worth pursuing. So when someone calls, I try to explain the legal elements of a medical malpractice case, and determine whether their situation, also has those elements.

1. Negligence
Was the medical provider actually negligent? Was their action below the standard of care such that a reasonably prudent provider would not have done the same thing?

2. Cause
Did the negligence of the doctor, cause your harm? If the harm already existed, or something else caused the harm, then it doesn’t matter how bad the doctor may have screwed up – you can’t file suit.

The negligence has to cause the harm. Period. Or you can’t file suit.

3. Harm / Damages
If you heal from an injury caused by a doctor or medical provider, quickly or with little effort, we do not recommend filing suit. The costs of filing a lawsuit are great. Would you spend $20,000 to get $10,000? No one would purposefully do this and so we often advise clients not to pursue a case because their return will be less than their investment.

Yes, I know it is not always about the money… But is making a point for 2 years in litigation so important to you, that you are willing to lose money? There are better ways.

So in sum, if you have the above 3 elements, (not 1/3 or 2/3) then you may have a case. Call our firm today and we will help determine if you do.

Dan Frith
Dan Frith

Dan Frith has over 25 years of experience representing individuals and families in cases of medical malpractice throughout Virginia. He has been named "Best Medical Malpractice Attorney" by Roanoker Magazine and is a member of the Million Dollar Advocates Forum. To speak with Dan, contact him by email at