When a doctor, nurse, or other medical professional fails to provide a reasonable standard of care, they must be held accountable. Every year, thousands of people suffer due to medical mistakes, surgical errors, and misdiagnosis. If you have been harmed because a healthcare provider did not meet Virginia’s standard of care, you deserve justice and compensation.
At Coletrane & Messersmith, our personal injury lawyers help individuals and families who have endured unimaginable losses because of medical malpractice. Any negligence, mistake, or error by a health care provider can cause lifelong complications that no one should face alone.
If you suspect you are a victim of medical malpractice, contact our office at (757) 223-4455 for a free consultation.
We proudly serve Newport News, Hampton, and all of Hampton Roads.
What Constitutes Medical Malpractice in Virginia?
Medical malpractice in Virginia is defined by Virginia Code Section 8.01-581.1. Malpractice occurs when a person suffers injury or death due to a tort or breach of contract based on health care or professional services provided (or that should have been provided) by a health care provider.
Medical malpractice is not limited to surgical errors or misdiagnosis. It covers any breach of the standard of care expected of a “reasonably prudent practitioner in the field.” If a provider lacks the necessary skill or fails to act as a reasonable provider would, they may be held liable for medical malpractice. Our experienced medical malpractice attorneys can help you determine if your situation qualifies.
Common Types of Medical Malpractice Claims
At Coletrane & Messersmith, we handle all forms of medical malpractice cases. Whether you or a loved one suffered harm during labor and delivery, nursing home abuse, or due to infections, delayed diagnosis, or other failures of care, our legal team is here to help you seek compensation. Any failure to provide a reasonable standard of care may be considered medical malpractice.
Surgical Errors
Surgical errors include mistakes such as operating on the wrong body part, performing the wrong procedure, or leaving instruments inside a patient. These errors can result in serious complications, additional surgeries, infections, or permanent disability.
Surgical mistakes are among the most common claims in Virginia medical malpractice cases. At Coletrane & Messersmith, our attorneys can investigate your surgical malpractice claim to determine liability and pursue the compensation you deserve.
Misdiagnosis or Delayed Diagnosis
Misdiagnosis or delayed diagnosis can prevent timely treatment, worsening a medical condition or leading to death. These errors may involve failure to identify diseases such as cancer, infections, or internal injuries.
Our medical malpractice attorneys understand what is involved in proving misdiagnosis claims and know how to hold negligent providers accountable.
Hospital and Nursing Negligence
Hospital and nursing negligence can include inadequate staffing, poor hygiene leading to infections, medication mistakes, or failure to monitor patient condition. Nursing home abuse and neglect are also serious concerns that can cause physical or emotional harm to vulnerable patients. These forms of negligence violate the standard of care and often result in preventable injuries or death.
Our attorneys are dedicated to advocating for patients harmed by hospital or nursing facility negligence. We conduct thorough investigations to uncover systemic issues contributing to malpractice.
The Virginia Statute of Limitations for Medical Malpractice
In most medical malpractice cases, you have two years from the date of injury to file a claim for damages. However, there are exceptions. For example, if a foreign object is left in your body, the statute extends to one year from the date it is (or should have been) discovered.
Additional extensions may apply if there is proof of fraud, concealment, or intentional misrepresentation that delayed your discovery of the injury. Cases involving failure to diagnose certain cancers or rare neurological conditions may also qualify for extended deadlines.
It’s important to consult with a medical malpractice lawyer as soon as your injury is discovered. Failing to file within the statute of limitations could prevent you from recovering compensation.
Damages You Can Recover in a Medical Malpractice Lawsuit
If you or a loved one has been injured due to medical malpractice, you may be entitled to financial compensation for your losses. Virginia medical malpractice cases allow victims to recover damages for both economic and non-economic harms.
Economic vs. Non-Economic Damages
In medical malpractice cases, victims may recover:
- Economic damages, which include quantifiable losses such as medical bills, rehabilitation costs, and lost wages.
- Non-economic damages, which cover pain and suffering, emotional distress, and loss of enjoyment of life.
Virginia law places a cap on the total amount recoverable in medical malpractice cases. As of July 1, 2024, the cap is $2.65 million for injuries sustained during that period. This means the specific cap amount depends on the date the injury occurred, meaning for injuries that occurred before July 1, 2024, a lower cap would apply.
Importantly, this cap applies to the combined total of both economic and non-economic damages, not just non-economic damages. This means that even if a jury awards more, the court will reduce the total recovery to the statutory limit.
Consult a medical malpractice attorney to understand how the cap affects your claim and what compensation may be available in your case.
The Importance of a Medical Malpractice Attorney
Without the help of a skilled medical negligence attorney, you may end up settling your case for less than it is worth. Unrepresented victims often accept low settlement offers because they cannot afford to take their case to trial. If you are seriously injured or have lost a loved one because of medical malpractice, you should never have to settle for less.
At Coletrane & Messersmith, our attorneys can fight for full compensation based on the facts of your case and your injuries. Our medical malpractice lawyers can guide you through the legal process, while you focus on healing.
Why Choose Coletrane & Messersmith for Your Malpractice Case?
If you or a loved one has been harmed because of a medical error, surgical mistake, or hospital negligence, contact our office for a free, no-obligation consultation. Call (757) 223-4455 to discuss your case with an experienced medical malpractice lawyer.
Cases are handled on a contingency fee basis, meaning you pay no fees unless we win. You never have to pay out of pocket for someone else’s negligence. At Coletrane & Messersmith, we are committed to client-first service and will fight tirelessly to get you the justice and compensation you deserve.
FAQs About Medical Malpractice Lawsuits
Who Is a Health Care Provider Under Virginia Law?
A health care provider includes physicians, hospitals, nurses, dentists, pharmacists, nursing homes, and other licensed professionals and facilities that deliver health care services.
What Are “Never Events?”
"Never events" are serious, preventable medical mistakes (such as surgery on the wrong patient or body part, or objects left inside after surgery) that should never occur in the health care setting.
How Do I Know If I Have a Medical Malpractice Case?
If you experienced injury due to a medical provider’s mistake, misdiagnosis, surgical error, or hospital negligence, you may have an eligible medical malpractice claim. It’s important to consult a medical malpractice attorney to review your case and advise on your rights.
Will My Medical Malpractice Case Go to Trial?
Many cases are settled before trial, but your attorney should be prepared for litigation if necessary to achieve fair compensation.
What Damages Can I Recover?
Victims can seek compensation for both economic and non-economic losses, subject to Virginia’s statutory cap on non-economic damages.
How Much Does a Medical Malpractice Attorney Cost?
Our attorneys work on a contingency fee basis so you pay nothing unless your case is successful.
How Long Do I Have to File a Claim?
Generally, you have two years from the injury date, with specific exceptions for foreign objects and certain undiagnosed conditions.
