Experienced Medical Malpractice Attorneys
If you suffered injury as a result of a physician’s error, you may be entitled to compensation. In most cases, you may not know whether you have a claim until you talk to someone that can analyze your medical history. Our experienced attorneys stand ready to assist you in investigating your potential claim and developing a plan of action.
Working With Doctors to Review Your Claim
To pursue a claim for medical malpractice in Virginia, the law requires that you obtain a letter of merit prior to filing suit. This letter, prepared by a licensed physician, must state that the physician breached the applicable standard of care. The term “standard of care” means the diagnostic and treatment process that a clinician should follow for a certain type of patient, illness, or clinical circumstance. If you have a potential medical malpractice claim, we will work with you to find an experienced physician to review your treatment history. Once the physician has reviewed your medical records and discussed your medical history with you, they will issue a written opinion. This opinion will lay the groundwork of your potential claim by providing a detailed analysis of the physician’s conduct. The opinion will also provide analysis of the applicable standard of care that applies to your situation, and details the standard of care the physician should have followed.
Analyzing Your Injuries to Determine the Value of Your Claim
Once we determine that the physician breached the standard of care, our attorneys’ focus will then shift to determine the value of your claim. A number of factors can be used to determine the value of a medical malpractice lawsuit. Those factors include the nature and extent of your injuries; your medical bills and costs; lost wages; future lost earning capacity and permanent disability. Pain, suffering, and inconvenience are also significant factors to be considered when valuing a medical malpractice claim. After reviewing these factors, our attorneys will compare your case to similar cases that have either reached a verdict, or settled. These comparisons give us insight into what a potential jury may decide with regard to your case. Alternatively, review of settlements allows us to determine how an insurance company or defendant may value your claim, in the event that it can be settled without a trial.
Drafting a Comprehensive Complaint
All medical malpractice litigation is commenced with a complaint. A complaint is a legal pleading that outlines the basis for your malpractice claim in factual and legal terms. We well plead complaint will outline the specific nature of the alleged malpractice and will further outline your claim for damages. Defendants and their insurers rarely offer to settle claims that have not been filed with the court. While there are exceptions, the leverage provided by a well drafted complaint can create incentive for settlement negotiations. It also serves to provide a strong foundation to build your case for trial.