Medical Malpractice
Experienced Representation When Medical Care Goes Wrong
Medical Malpractice Attorneys in Virginia
When medical care goes wrong, the consequences can be devastating. A missed diagnosis, surgical error, medication mistake, or failure to provide appropriate care can result in serious injury, additional medical treatment, or the loss of a loved one.
But not every bad medical outcome is medical malpractice. A successful claim requires showing that a healthcare provider failed to meet the applicable standard of care and that the failure caused injury.
At Carmichael Ellis & Brock, we investigate potential medical malpractice claims carefully. We work with clients to understand what happened, obtain and review the relevant medical records, identify potential negligence, and determine whether the evidence supports a claim.
If you believe you or a family member may have been injured because of negligent medical care, we can help you understand your options.
Cases We Handle
Failure to Diagnose & Misdiagnosis
A failure to diagnose or a misdiagnosis can delay appropriate treatment and allow a medical condition to become more serious.
Our attorneys investigate whether a healthcare provider failed to recognize or properly respond to a patient's condition, including situations involving conditions such as cancer, appendicitis, or an aortic aneurysm.
Hospital, Nursing Home & Patient Care Errors
Patients and residents depend on healthcare providers and facilities to provide appropriate care, monitoring, and treatment. Errors in patient care can lead to serious injury, complications, or a worsening medical condition.
Our attorneys investigate cases involving failures in monitoring, inadequate treatment, delayed responses to changes in a patient's condition, medication errors, falls, and other failures in appropriate patient care. We review the medical records and circumstances surrounding the injury to determine whether the applicable standard of care was met.
Surgical & Medication Errors
Surgical mistakes and medication errors can result in serious injury. Medication errors may involve doctors, nurses, pharmacies, or other healthcare providers.
We investigate the treatment provided, review the relevant medical records, and work with qualified experts when necessary to determine whether negligence occurred.
Frequently Asked Questions
Understanding Medical Malpractice in Virginia
Virginia healthcare providers—including physicians, hospitals, dentists, nurse practitioners, nurses, physical therapists, pharmacists, and others—have a duty to provide the degree of skill and diligence that a reasonably prudent healthcare provider in the same field or specialty would have used under the same circumstances.
This is known as the standard of care.
If a healthcare provider breaches the applicable standard of care and the patient suffers an injury as a result, the patient may have a medical malpractice claim.
Proving Medical Malpractice
Medical malpractice cases are different from many other personal injury claims. A poor outcome, by itself, does not establish negligence.
In Virginia, proving medical malpractice generally requires qualified medical experts to review the patient's medical records and provide an opinion regarding the applicable standard of care, whether that standard was breached, and whether the breach caused the patient's injury.
Virginia law also requires a healthcare provider in the same or a similar field, with an active clinical practice, to review the medical records and certify that the injury was caused by a breach of the standard of care in circumstances covered by the Virginia Medical Malpractice Act.
Because expert testimony is central to these cases, selecting competent and qualified experts is an important part of investigating and developing a medical malpractice claim.
Medical Malpractice Review Panels
Virginia law permits either party to request that a medical malpractice claim be reviewed by a Medical Malpractice Review Panel before the case proceeds. The panel reviews the evidence and provides an opinion regarding whether the applicable standard of care was violated.
The panel's findings are not final, but they may be admissible as evidence in court.
Acting Quickly Matters
Virginia generally imposes a two-year statute of limitations for medical malpractice claims, although exceptions may apply depending on the circumstances, including certain cases involving minors or injuries that were not immediately discovered.
Waiting too long can affect your ability to pursue a claim. It is therefore important to seek legal advice as soon as possible if you believe you or a loved one has been injured because of medical negligence.
We also encourage patients to keep their own records of doctor visits, diagnoses, treatment, and concerns about their medical care. These records can be useful when investigating a potential claim.
Investigating Your Claim
Medical malpractice cases can be complicated. Understanding whether an injury resulted from negligence requires careful review of the medical records, the treatment provided, and the applicable standard of care.
Our Firm works closely with clients to investigate potential claims, gather the necessary medical records and expert testimony, and determine the appropriate course of action.
If you believe you or a loved one has been injured because of medical negligence, contact Carmichael Ellis & Brock for a consultation.
A Significant Medical Malpractice Result
$2,050,000
Medical malpractice jury verdict
The firm's attorneys have represented clients in significant medical malpractice matters, including a case resulting in a $2.05 million jury verdict. Past results depend on the particular facts and circumstances of each case and are not a guarantee of future results.