What Is Medical Malpractice?
Medical malpractice, sometimes referred to as medical negligence, occurs when a health care provider violates the governing standard of care when providing treatment to a patient, resulting in patient injury. Medical malpractice can result from an action taken by the medical provider, or by the failure to take a medically appropriate actionEither an action taken by the medical provider or the lack of appropriate action can result in medical malpractice. Examples of medical malpractice include:
* Misdiagnosis of, or failing to diagnose, a medical condition or disease;
* Failure to supply patient suitable medical treatment for a condition;
* Unreasonable delay in treatment for a diagnosed medical condition;
Medical malpractice actions can be brought by the injured patient against any responsible licensed health care provider, including doctors, counselors, psychologists and psychotherapists.
What Limits are in Place Regarding Medical Malpractice in Roanoke?
In Virginia, the limit on medical malpractice damages is $1.5 million; this amount increased $50,000 per year from 2001 to 2006 and increases by $75,000 per year after that.
Collateral Source Rule for Roanoke Virginia Medical Malpractice Lawsuits
Under the collateral source rule, the offender is not allowed to try to reduce its liability by presenting evidence that the injured party has gained compensation from other sources, such as the plaintiff's own insurance coverage.
Rules for Expert Witnesses in Roanoke Virginia Medical Malpractice Lawsuits
In order to be considered as an expert witness, he or she must have a current practice in the defendant's field, or a related specialty, and be licensed.
Roanoke Virginia Joint and Several Liability for Medical Malpractice
This rule says that in the case where multiple defendants are found liable for injury to the plaintiff, each individual defendant is responsible for paying the entire judgement amount.
Statute of Limitations for Medical Malpractice in Roanoke Virginia
A plaintiff has two years to file medical malpractice actions from the date the act or omission took place. For medical malpractice actions that involve the presence of a foreign object being placed inside the body, any claim must be submitted within one year from the date the object was or reasonably should have been found, but no such action may be filed more than ten years after the date the object was inserted. If the injured party is a minor, eight years of age or younger, he or she has until the tenth birthday to begin medical malpractice litigation.
What Type of Restrictions Are Attorneys Subject to Regarding Fees for Medical Malpractice in the State of Virginia?
There are no limitations placed on attorneys fees in Virginia for medical malpractice.
Other Policies
If either party requests, a pretrial panel will look at the malpractice claims. Whatever the conclusion of this review, the results are admissible as evidence even though they are not conclusive.
Why You Should Retain the Services of A Medical Malpractice Lawyer in Roanoke Virginia
Not only are the majority of medical malpractice lawsuits defended by highly-paid defense teams, this area of law is extremely technical.
A medical malpractice suit, from beginning to end, can cost upwards of $100,000.00. There are many reasons you should retain the services of a professional, specialized medical malpractice law firm; some of these include: the highly technical nature of this field of law, the likelihood that a mistake made by an unskilled lawyer, not adequately familiar with the medical issues involved, would result in case dismissal, and the high costs that are typically advanced by the malpractice law firm.
When you research the medical malpractice field, you will see that a number of Roanoke Medical Malpractice Attorneys choose to specialize in one particular area, for example, concentrating on surgical errors, misdiagnosis, or birth trauma cases.
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