Hampton Medical Malpractice Lawyer
It is often difficult to determine whether a doctor’s actions rise to the level of negligence. Because of that, it is critical to consult a Hampton medical malpractice lawyer who can examine the facts to see if you have a viable claim.
If you decide to pursue a claim, a dedicated injury lawyer can work with you each step of the way to prove negligence. This can include gathering evidence, working with experts, and advocating on your behalf.
What Is Medical Malpractice?
Medical malpractice in Hampton, Virginia is when a doctor or other healthcare professional deviates from the acceptable standard of care that others within this profession would provide and this deviation results in injury or death to the patient. The elements of a medical malpractice claim in Hampton that must be proven are that the healthcare professional or doctor owed a duty to the patient, the healthcare professional breached that duty, and proximate cause which means the harm would not have happened if not for the actions of the healthcare professional, and this breach of duty resulted in damages.
Medical malpractice could occur at any hospital, doctor’s office, nursing home, or other facilities where healthcare is provided. Some of the larger medical facilities in Hampton where malpractice can occur include Sentara CarePlex Hospital, Hampton Veterans Affairs Medical Center, Sentara Hampton General Hospital, and the U.S. Air Force Hospital.
Medical malpractice can flow from either doctor acting improperly or from a doctor’s failure to recognize an ailment or condition that should be diagnosed and treated. Common examples of medical malpractice include Erb’s palsy, birth injuries, negligence during surgical procedures, and the failure to diagnose conditions such as cancer. Other professionals such as pharmacists may provide too little or too much medication, which has had adverse effects on patients’ health. Another common instance of malpractice is surgeons leave sponges, tools, or other foreign bodies in people from surgical procedures.
When a Mistake Counts as Negligence
Due to the complexity of medicine and the possibility of side effects from any procedure, it can be difficult to determine whether harm is the result of a mistake or medical malpractice. Just because a surgery is not a success does not mean it is an instance of medical negligence. With every surgery, there is an inherent risk that no amount of due care or skill can prevent.
It is only when the doctor does something that a reasonably prudent doctor within the Commonwealth of Virginia would not have done that it becomes a viable medical malpractice. As long as the patient provides informed consent for any given procedure and fully understands the risks associated with those procedures, they may not be able to prove negligence for certain harms.
What to Expect in a Consultation with a Hampton Attorney
In an initial consultation with a Hampton medical malpractice attorney, they will be looking for common signs of whether malpractice occurred. Malpractice cases are they are incredibly expensive to pursue through litigation, and Virginia also has a cap on the amount of money that can be awarded as a result of medical negligence in a case. Because of the costs associated with bringing a claim, it is often only worthwhile to bring a claim for a significant injury. Otherwise, the cost of litigation can consume the benefit the harmed potential client could receive from a successful case.
Further, these cases also require an extensive and thorough review of all the medical documentation. Therefore, if you decide to pursue a case, the attorney will need to get all the medical records associated with the procedure and, possibly, prior medical records. These records will then need to be reviewed both by the lawyer and by a medical professional to determine whether they support a claim for medical negligence.
A Hampton Medical Malpractice Attorney Can Help You
With most serious personal injury issues, including medical malpractice claims, it is advisable to have a skilled Hampton medical malpractice attorney involved. These are very complicated injury claims and, while the general rules of personal injury law and negligence apply, there are special rules that are unique to medical malpractice claims that make them incredibly complicated and also incredibly expensive. To determine whether you have a viable claim, call Cooper Hurley Injury Lawyers for a free consultation.