Medical Malpractice Attorney Virginia Beach

Are you dealing with the devastating consequences of medical malpractice in Virginia Beach? At Breit Biniazan, our experienced medical malpractice attorneys can help you secure the compensation you deserve.

Contents

• Understanding Medical Malpractice
• Causes of Medical Malpractice
• Effects of Medical Malpractice
• Medical Malpractice Statistics
• What Do You Need to Prove in a Medical Malpractice Case?
• Breit Biniazan: Medical Malpractice Attorneys (or lawyers based on top volume keyword)
• Medical Malpractice FAQ’s

We’ve successfully handled complex medical malpractice cases, including a $1.7 million settlement for a 27-year-old plaintiff who suffered a severe and permanent anoxic brain injury due to negligent medical management following surgery for multiple orthopedic injuries.

Understanding Medical Malpractice

Medical malpractice can take many forms, including:

• Misdiagnosis
• Surgical errors
• Medication errors
• Birth injuries

Common examples include a doctor failing to diagnose a serious condition, performing surgery on the wrong body part, prescribing the wrong medication, or causing injury during childbirth. These incidents often involve negligence by health care providers during medical treatment. Early legal consultation is crucial to determine if you have a valid claim and to start building your case.

Causes of Medical Malpractice

Medical malpractice can stem from various issues within the healthcare system, including:

• Inadequate training or lack of experience: Medical professionals, such as surgeons, anesthesiologists, and general practitioners, may not have the necessary skills or knowledge to perform their duties effectively.
• Fatigue or overwork: Long hours and high patient loads can lead to mistakes.
• Poor communication: Miscommunication between medical staff can result in errors.
• Outdated or incorrect procedures: Using obsolete methods can cause harm.
• Inadequate staffing: Insufficient staff levels can lead to rushed or negligent care.

Effects of Medical Malpractice

The consequences of medical malpractice can be devastating:

• Physical injuries and long-term health complications: Patients may suffer from worsened conditions or new injuries, including wrongful death.
• Emotional and psychological impact: The trauma of medical negligence can affect mental health.
• Financial burdens: Additional medical expenses and loss of income can strain finances.
• Impact on quality of life: Daily functioning and overall quality of life can be severely affected.

Medical Malpractice Statistics

Medical malpractice remains a significant issue across the United States and Virginia Beach. Annually, nearly 20,000 medical malpractice lawsuits are filed in the United States. In Virginia, there were 107 medical malpractice payments in 2023, with notable settlements for wrongful deaths and severe injuries. Despite the perception of excessive litigation, only about 5% of deaths caused by medical errors result in malpractice payouts. Given the complexity of these cases, it is crucial to seek the assistance of an experienced medical malpractice lawyer.

Legal Process for Medical Malpractice Claims

Filing a medical malpractice lawsuit involves several steps:

1. Initial Consultation: Discuss your case with an attorney to determine if you have a claim. Consulting with experienced medical malpractice lawyers can provide valuable insights and guidance.
2. Investigation: Collect evidence, including medical records and expert testimonies.
3. Filing the Claim: Submit a formal complaint to the court.
4. Discovery: Both parties exchange information and build their cases.
5. Settlement or Trial: Many cases are settled out of court, but some proceed to trial.

In Virginia, it’s essential to file your claim within the statute of limitations two years from the date of injury.

What Do You Need to Prove in a Medical Malpractice Case?

To successfully prove a medical malpractice case, you need to establish four key elements: 

• Duty

Demonstrate that a doctor-patient relationship existed, establishing that the healthcare provider owed a duty of care to the patient.

• Breach of Duty

Show that the healthcare provider breached this duty by acting negligently. This involves proving that the care provided fell below the accepted medical standard.

• Causation

Establish a direct link between the breach of duty and the injuries sustained. It must be shown that the negligence directly caused the harm experienced by the patient.

• Damages

Prove that the patient suffered actual damages, such as physical pain, emotional distress, additional medical bills, or lost wages, as a result of the negligence.

Evidence for these elements typically includes medical records, expert testimonies, and sometimes, direct witness accounts. Expert witnesses play a crucial role in explaining how the standard of care was breached and how it caused the patient’s injuries.

Breit Biniazan: Medical Malpractice Attorneys (or lawyers based on top volume keyword)

Breit Biniazan has extensive experience handling medical malpractice cases, achieving successful outcomes for our clients. We offer personalized and aggressive legal representation, ensuring that your rights are protected. Our team is dedicated to securing the compensation you deserve, including medical expenses, lost wages, and pain and suffering. A medical malpractice lawyer can provide the expertise needed to navigate complex legal issues and maximize your compensation.

If you or a loved one has been a victim of medical malpractice in Virginia Beach, contact Breit Biniazan today for a free consultation. Our experienced attorneys are here to help you every step of the way. Call us at (757) 992-8462. Your rights and recovery are our top priorities.

Medical Malpractice FAQ’s

What is medical malpractice?

Medical malpractice occurs when a healthcare provider deviates from the standard of care, causing harm to the patient. This can include misdiagnosis, surgical errors, medication mistakes, and more.

How long do I have to file a medical malpractice claim in Virginia?

In Virginia, you have two years from the date of injury to file a medical malpractice claim. There are some exceptions, so it’s essential to consult with an attorney as soon as possible.

What kind of compensation can I expect from a medical malpractice lawsuit?

Compensation can include medical expenses, lost wages, pain and suffering, and more. The specific amount depends on the details of your case and the extent of your injuries.

How do I prove medical malpractice?

Proving medical malpractice requires demonstrating that the healthcare provider deviated from the standard of care and that this deviation directly caused your injuries. This often involves gathering medical records and expert testimony.

What should I do if I suspect medical malpractice?

If you suspect medical malpractice, seek a second medical opinion immediately. Then, contact an experienced attorney to discuss your case and determine the best course of action.