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Medical Malpractice

Many of us will have to put our trust in health care providers at some point in our lives. Unfortunately, statistics show that preventable medical errors are among the top 3 causes of death in the United States. The following is a list, though not exhaustive, of instances in which medical malpractice may have occurred:

  1. Misdiagnosis
  2. Delayed Diagnosis
  3. Medication Errors
  4. Surgery Errors
  5. Nursing negligence
  6. Nursing home negligence

In Virginia, the law makes it very difficult for victims to pursue health care providers. For instance, in addition to the number of sections providing immunity to certain health care providers, the statute of limitations is generally only two years from the date of the alleged malpractice. See Va Code  §8.01-243. What’s more, in most cases, before the defendant health care provider may be served with a lawsuit, the victim must have a written opinion from an expert who practices in the same field as the defendant health care provider, stating that the defendant health care provider breached the applicable standard of care, proximately causing the damages to the victim. This requirement can often be difficult to achieve, particularly in Richmond where the community of health care providers is relatively small in comparison to larger cities. In other words, most health care providers are unwilling to testify against others in their profession.

In spite of the hurdles outlined above, Noel Brooks is well-versed in the niceties of medical malpractice law, and not easily thwarted by the statutory red tape. For more information, or to schedule a free consultation with Noel, please call (804) 425-6259.