Arlington Medical Malpractice Attorney

If you’ve been impacted by medical malpractice in Arlington, Breit Biniazan is here with a proven record of obtaining justice and substantial compensation for victims. Identifying medical malpractice early is essential for seeking justice and preventing further harm to patients. One of our notable achievements includes a $12 million jury verdict awarded to a family after physicians failed to detect a fatal blood clot in a 39-year-old mother.

Contents

• Significant Medical Malpractice Settlements and Verdicts by Breit Biniazan
• Why You May Need a VA Medical Malpractice Lawyer
• Types of Damages Available in an Arlington Medical Malpractice Lawsuit
• Understanding Medical Malpractice in Arlington
• Types of Medical Malpractice Cases
• Causes of Medical Malpractice in Arlington
• Effects of Medical Malpractice
• Legal Process for Medical Malpractice Claims in Arlington
• Requirements to Make a Claim
• Arlington Medical Malpractice Laws and Statutes
• Choosing a Medical Malpractice Attorney in Arlington
• How Medical Professionals Can Avoid Medical Malpractice
• Medical Malpractice FAQ’s

In the United States, medical malpractice is a serious issue, with thousands of patients experiencing life-altering injuries or losing their lives annually due to medical errors. With this in mind, having a dedicated medical malpractice attorney by your side is critical to pursuing compensation and protecting your rights. Our Arlington medical malpractice attorneys can help.

The list below highlights some of the most significant settlements and verdicts Breit Biniazan has achieved for medical malpractice victims in Arlington. It includes award amounts, case types, and summaries of the conditions leading to these severe injuries.

• $12 Million
  • Case Type: Medical Malpractice
  • Description: Jury awarded compensation to a family after physicians failed to detect a fatal blood clot in a 39-year-old mother.
• $6.4 Million
  • Case Type: Medical Malpractice
  • Description: Judgment in favor of the family of an 80-year-old woman after her heart condition was mismanaged by her physician.
• $4.2 Million
  • Case Type: Medical Malpractice
  • Description: Secured for a young woman who sustained irreversible brain damage after surgical cotton was left inside her skull.
• $3.65 Million
  • Case Type: Medical Malpractice
  • Description: Verdict for a client who suffered significant brain damage due to receiving the wrong medications.
• $3 Million
  • Case Type: Medical Malpractice
  • Description: Settlement for an attorney’s family after a routine surgery resulted in heart damage.
• $35.6 Million
  • Case Type: Medical Malpractice
  • Description: Awarded to a critically injured client who will require 24-hour care for the rest of her life due to catastrophic injuries.

Why You May Need a VA Medical Malpractice Lawyer

Medical malpractice cases in Arlington rank among the most challenging personal injury claims due to the complex healthcare regulations and high standard of proof needed to establish negligence. Whether your claim involves surgical errors, misdiagnosis, or medication mistakes, facing these legal challenges without expert assistance can be overwhelming. A skilled medical malpractice attorney or personal injury attorney is essential to helping you secure the compensation you deserve.

Hospitals and insurance companies often defend medical malpractice claims aggressively, working to minimize settlements or avoid liability. For this reason, having an attorney experienced in the complexities of medical malpractice cases—and adept at negotiating with powerful entities—is invaluable.

In Arlington, medical malpractice claims must satisfy strict legal requirements to prove that a healthcare provider deviated from the accepted standard of care. Demonstrating this requires comprehensive medical evidence and expert testimonies, which can be difficult for victims to manage independently. Additionally, Virginia’s statute of limitations for filing medical malpractice lawsuits adds another layer of urgency, as missing this deadline can forfeit your right to seek justice.

At Breit Biniazan, our medical malpractice attorneys understand the obstacles victims face. We’re equipped to navigate these challenges to ensure negligent healthcare providers are held accountable and that you receive the compensation you deserve.

Types of Damages Available in an Arlington Medical Malpractice Lawsuit

In an Arlington medical malpractice case, victims may seek various forms of damages to compensate for losses suffered due to medical negligence. These damages include compensatory, punitive, and emotional damages. Below is a breakdown of the types of damages you may claim, along with examples and explanations of what each covers.

• Compensatory Damages
• Subcategories: Medical expenses, lost wages, pain and suffering, loss of enjoyment of life, future medical care, disability.
• Definition: These damages cover both economic and non-economic losses, including medical bills, income loss, and compensation for pain, suffering, or long-term care needs resulting from malpractice.
• Punitive Damages
• Subcategories: Gross negligence, intentional harm, severe misconduct.
• Definition: Punitive damages are awarded to penalize the healthcare provider for reckless or egregious conduct and deter future negligence. These are less common but serve as a critical deterrent against severe misconduct in healthcare.
• Emotional Damages
• Subcategories: Mental anguish, depression, PTSD, loss of enjoyment of life, emotional distress.
• Definition: Emotional damages compensate for the psychological toll of medical malpractice, including trauma or anxiety resulting from surgical errors or misdiagnosis.

Each damage type aims to address a specific aspect of the harm experienced, ensuring that victims are fully compensated for both tangible and intangible losses. These damages play a vital role in helping individuals and families move forward after life-altering medical errors. Medical malpractice insurance often plays a crucial role in providing the financial compensation necessary to cover these damages.

Understanding Medical Malpractice in Arlington

Medical malpractice cases in Arlington can arise in various forms, including:

• Misdiagnosis: Failure to diagnose or incorrect diagnosis of a condition, leading to delayed or improper treatment.
• Surgical Errors: Mistakes made during surgery, such as leaving a foreign object in the body or operating on the wrong site.
• Medication Errors: Prescribing the wrong medication or dosage, or failure to monitor a patient’s response.
• Birth Injuries: Injuries sustained by a newborn during delivery, which can have long-term impacts on the child and family.

These cases often stem from negligent or substandard care by doctors, nurses, and other medical professionals. Seeking early legal consultation is important for evaluating if you have a valid claim and beginning to gather critical evidence.

Types of Medical Malpractice Cases

Medical malpractice cases vary widely, each presenting unique challenges and implications. Here are some common types:

• Surgical Errors: Errors during surgery that can cause devastating outcomes, often due to negligence or improper care.
• Medication Errors: Incorrect medication or dosage can lead to serious complications, making these one of the most frequent types of medical malpractice claims.
• Birth Injuries: Improper care during delivery can lead to severe, lifelong impacts for both the child and family.
• Misdiagnosis: Delayed or inaccurate diagnosis of conditions is a common basis for medical malpractice.
• Failure to Diagnose: Untimely diagnosis can exacerbate conditions, often due to inadequate examination or testing.
• Hospital-Acquired Infections: Infections contracted in hospitals, often preventable, can result from unsanitary conditions or poor procedural adherence.
• Nursing Home Abuse: Abuse or neglect in nursing homes, including physical, emotional, or financial harm, also qualifies as medical malpractice.

Causes of Medical Malpractice in Arlington

Several factors contribute to medical malpractice in Arlington, including:

• Inadequate Training: Healthcare professionals may lack the skills necessary to perform their duties effectively.
• Fatigue or Overwork: Long shifts and heavy caseloads lead to errors.
• Poor Communication: Miscommunication between medical staff can lead to serious treatment errors.
• Outdated Procedures: Using outdated methods or neglecting new medical advancements can result in patient harm.
• Inadequate Staffing: Understaffing can lead to rushed or negligent patient care.

Effects of Medical Malpractice

The impact of medical malpractice can be life-altering, affecting victims in numerous ways:

• Physical Injuries and Long-Term Health Issues: Patients may experience worsened conditions or develop new injuries due to malpractice.
• Emotional and Psychological Impact: Victims of medical negligence often suffer from trauma or emotional distress.
• Financial Burdens: Additional medical expenses and lost income can create financial strain for victims.
• Reduced Quality of Life: Long-term health complications can greatly diminish a victim’s ability to enjoy life.

Legal Process for Medical Malpractice Claims in Arlington

Filing a medical malpractice claim involves several important steps:

1. Initial Consultation: Discuss your case with an experienced medical malpractice attorney to evaluate its validity.
2. Investigation: Your attorney will collect medical records, expert opinions, and other essential evidence.
3. Filing the Claim: A formal complaint is filed in court after the investigation.
4. Discovery: Both parties exchange information and evidence, including documents and depositions.
5. Settlement or Trial: Most cases are resolved through settlements; however, some may proceed to trial if necessary.

In Virginia, the statute of limitations for medical malpractice claims is generally two years from the date of injury. Missing this deadline can forfeit your right to seek compensation.

Requirements to Make a Claim

To make a medical malpractice claim, a patient must be able to prove that a healthcare provider breached their duty of care, resulting in harm or injury. This typically requires showing that the provider failed to meet the standard of care expected in their profession, and that this failure caused the patient’s harm. Patients may also need to provide evidence of the harm they suffered, including medical records, expert testimony, and other documentation.

Arlington Medical Malpractice Laws and Statutes

Familiarity with Arlington’s legal framework is essential for pursuing a successful claim. Key laws and statutes include:

• Statute of Limitations: Generally, malpractice claims must be filed within two years of the injury, but some exceptions may apply if the injury is discovered later.
• Standard of Care: Medical professionals in Arlington are required to act with the same level of skill as a reasonably prudent healthcare provider in similar circumstances. Proving a breach of this standard is critical in malpractice cases.
• Expert Testimony: Often necessary to establish the standard of care and demonstrate how the healthcare provider’s actions deviated from it.
• Damages: Arlington malpractice victims can recover damages for medical expenses, lost wages, pain and suffering, and other impacts of malpractice.

Choosing a Medical Malpractice Attorney in Arlington

Selecting a qualified attorney is crucial to a successful claim. Consider the following:

• Experience: Choose an attorney with substantial experience handling medical malpractice cases, particularly those similar to yours.
• Expertise: A certified medical malpractice specialist can provide valuable knowledge in building a strong case.
• Communication: Select an attorney who communicates clearly and keeps you informed throughout the process.
• Resources: Ensure the attorney has the necessary resources, including access to medical experts and investigators.
• Reputation: Research the attorney’s reputation online and ask for referrals from trusted contacts for further assurance.

Breit Biniazan is dedicated to helping medical malpractice victims in Arlington navigate these complex cases and achieve the justice they deserve, standing out among top TX medical malpractice lawyers. Contact us today to learn more about how we can support your case.

How Medical Professionals Can Avoid Medical Malpractice

Medical professionals can take several steps to avoid medical malpractice and ensure that they are providing high-quality care to their patients. These steps include:

1. Staying up-to-date with the latest medical research and guidelines: Medical professionals should stay current with the latest research and guidelines in their field, and incorporate this knowledge into their practice.
2. Communicating effectively with patients: Good communication is key to avoiding medical malpractice. Medical professionals should take the time to listen to their patients, answer their questions, and provide clear explanations of their treatment options.
3. Documenting patient care: Accurate and thorough documentation of patient care is essential for avoiding medical malpractice. Medical professionals should keep detailed records of their patients’ medical histories, diagnoses, treatments, and outcomes.
4. Following established protocols and procedures: Medical professionals should follow established protocols and procedures for patient care, including those related to diagnosis, treatment, and surgery.
5. Seeking consultation and collaboration: Medical professionals should not be afraid to seek consultation and collaboration with other healthcare providers when needed. This can help ensure that patients receive the best possible care.
6. Maintaining a safe and clean environment: Medical professionals should maintain a safe and clean environment for their patients, including proper infection control and sanitation procedures.
7. Respecting patient autonomy: Medical professionals should respect their patients’ autonomy and involve them in decision-making about their care.
8. Continuously evaluating and improving care: Medical professionals should continuously evaluate and improve their care, including seeking feedback from patients and peers.

By following these steps, medical professionals can reduce their risk of medical malpractice and provide high-quality care to their patients.

Medical Malpractice FAQ’s

What is an example of medical malpractice?

An example of medical malpractice is a surgical error where a doctor performs the wrong procedure or leaves a foreign object inside a patient. Another example includes a misdiagnosis that leads to improper treatment, resulting in further harm. Birth injuries caused by improper medical care and medication errors, like administering the wrong dosage, are also common examples.

What are the 4 C’s of medical malpractice?

The “4 C’s” of medical malpractice refer to four key elements needed to establish a case:

1. Causation: The medical provider’s actions directly caused the patient’s injury or harm.
2. Care (Standard of Care): The provider’s care fell below the accepted medical standard expected in similar circumstances.
3. Consent: The patient did not give informed consent, or the provider failed to explain the risks involved in a procedure.
4. Communication: Lack of proper communication among medical staff, or between the provider and patient, led to the error or harm.

Who is most liable for medical malpractice?

The person most liable for medical malpractice is typically the healthcare provider who directly caused the harm—this may be a doctor, nurse, surgeon, or other medical professional. However, liability can extend to multiple parties, including the hospital or medical facility where the malpractice occurred, especially if inadequate staffing or policies contributed to the incident.

What is the difference between negligence and malpractice?

Negligence refers to a general failure to exercise reasonable care that results in harm to another person, while malpractice is a specific type of negligence that occurs within a professional setting, such as healthcare. Malpractice implies that the professional—such as a doctor or nurse—failed to meet the established standards of their field, causing injury to the patient as a result of their professional duty.