Medical Malpractice Attorney in Portsmouth

Medical malpractice claims are a specialized type of claim dealing with the negligence of health care providers. Medical malpractice claims can vary in the types of injuries, the types of proof, and the types of compensation available, but they generally follow these elements:

1. The medical provider owed you a duty. A duty may take many forms. A few examples are: a doctor and patient relationship, receiving emergency medical treatment, or when you’re provided with medication by a pharmacist. It’s important to know what type of relationship a victim has with their provider.

A classic case of medical malpractice is one where a victim hires a doctor to perform a surgery and the doctor makes errors during the surgery. If you hire a doctor to perform surgery, and that doctor does so, you now have a doctor and patient relationship. Your doctor now owes you a duty to perform the surgery according to a standard of care.

In Virginia, the standard of care is that medical practitioners owe a degree of skill and diligence that would be practiced by a “reasonably prudent practitioner” in their field. In other words, the standard of care can be thought of as the amount skill and degree of care that an average provider in that specialty would give. A medical review panel may be involved in determining what the standard of care was.

To prove the duty, your claim will need medical records, receipts, and other documents that show that a medical provider has treated you. To demonstrate a standard of care, a medical malpractice claim needs to show what level of skill and diligence a reasonable practitioner in that specialty would have. This will likely require expert testimony and review by a panel of medical experts.

2. The medical provider was negligent in their duty and did not meet the standard of care. If the medical provider did not meet the standard of care then they have breached their duty. For example, if a doctor does not perform a surgery with skill and care equal to, or better than a “reasonably prudent practitioner” then they have breached their duty and may be found to have been negligent. It can be challenging to show what a reasonably prudent practitioner would have done in the circumstances. A claim will likely draw on medical records, witness testimony, and the testimony of medical experts.
3. The medical provider’s negligence caused you injury. It isn’t enough to find out that a doctor was negligent in the performance of duties. That negligence must cause you harm. In a case where a healthy patient goes in for a routine surgery, it may be easier to connect the medical practitioner’s negligence and the injury. When the patient is chronically ill or is hurt after treatment, it may be more difficult to find the connection between the practitioner’s negligence and the patient’s injury. To prove this element, expert testimony likely will be required.
4. Damages resulted from your injury. A medical malpractice claim needs to prove that a victim’s injury directly caused damages. For example, a surgical error harms nerves and results in lost sensation, or a doctor fails to diagnosis a condition leading to untreated harmful disease. If the link between injury and damage can be proven, damages can include pain and suffering, medical bills, lost income, and in some cases punitive damages, among others.

Common Types of Medical Malpractice

Medical professionals are people and sometimes people make errors. These errors may be the result of negligence. Despite training, professional certifications, and hospital procedures, accidents still happen. Some of the most common medical malpractice claims include: