Medical Malpractice

What to Know Before Filing a Medical Malpractice Claim in Virginia

Have you sustained an injury because of the failure of a healthcare provider to perform standard quality of care duties? If so, you may hold the professional liable for medical malpractice. You can file a medical malpractice claim if your injury or illness results from misdiagnosis, prescription error, emergency room mistakes, birth injury, or surgical error. But, before you file a claim, here are important things you should keep in mind:

There is a Limit to How Long You Can File

In Virginia, you need to file a medical malpractice claim within two years of the date you sustained the injury. If your injury resulted from foreign objects, concealment, or fraud, the statute of limitations is extended for a year from when the object was discovered or should have been discovered. But, remember that the limit on this is ten years from the time your injury happened. It is a smart idea to hire an attorney who can offer you medical malpractice law help and guidance as soon as possible, so you don’t need to worry about time limits. 

A Medical Malpractice Claim Can Be Settled Outside of Court

The majority of medical malpractice cases are settled without going to trial. But, some of these cases may also go on for months or years. Depending on your case and the details that surround it, your lawyer knows how long it could take before you get compensation for your injuries. But, as long as you hire the right lawyer, you have a better chance of negotiating a settlement without taking your case to court.

It is Best to Hire a Medical Malpractice Attorney as Soon as Possible

In general, it is a good idea to retain a lawyer sooner than later because medical evidence will be needed to win your case. Filing a claim as soon as possible will ensure all pieces of evidence are still accessible and your lawyer can start collecting them right after you hire them. Also, tests need to be performed before the nature of your injury will change. 

Your Consent Form Won’t Affect Your Claim

When you get medical treatment or under a surgical procedure, you probably signed or filed a consent form. This form may list the risk and signing it means that you understand these risks. However, signing the form doesn’t consent your doctor, nurse, or another health care provider to harm you. Negligence is not a risk you expect to take while you undergo medical care. 

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Christophe Rude

Christophe Rude

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