This morning I read about a big case in Fairfax County Virginia.

Now, the sad thing about big in Medical Malpractice cases in Virginia, is that usually the following not so great things had to occur:

1. A physician made a huge mistake = malpractice

2. Someone suffered a substantial or permanent injury as a result

3. And a jury agreed with the allegations of negligence and permanent harm.

In order to even get to the jury, you have to

1. file a lawsuit

2. hire experts

3. take depositions

4. go to Court (usually takes 1 year or more to get a court date)

The Fairfax jury awarded $2.5 million dollars to a patient who had breast cancer 13 months prior to being diagnosed, but was missed by the radiologist.

The result? She now has a more aggressive form of Cancer and a life expectancy that is decreased.

Hmm. She is 54 years old. Maybe has kids. Maybe they are college age. Maybe she won’t get to see them get married or meet her grand kids.

Someone could read about the case in the paper and think she is wrong for suing. Someone could even blame her for making health care so expensive in this country. Do you think her kids would rather she be alive to meet her grand kids in 10 years, or have $1.5 million dollars (that is all the family will likely get after trial costs, attorneys fees, experts etc).

My guess is they would rather have a healthy Mom than money… BUT, none the less, I think it sounds like the jury did the right thing.

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