Norfolk Medical Malpractice Lawyers

Are you or a loved one a victim of medical malpractice in Norfolk, Virginia? If you believe that you have suffered harm due to the negligence or misconduct of a healthcare professional, it's crucial to seek legal representation from an experienced Norfolk medical malpractice lawyer. At Kalfus & Nachman PC, we understand the devastating impact medical errors can have on your life, and we are here to fight for your rights and pursue the compensation you deserve. 

Learn more about your legal options by calling (855) 880-8163 or contacting us online for a free consultation.

Medical Malpractice Laws in Virginia

In Virginia, medical malpractice laws govern the legal rights and responsibilities related to medical negligence or professional misconduct by healthcare providers. These laws determine how patients can seek compensation for injuries or damages resulting from medical errors.

Before filing a medical malpractice lawsuit, Virginia law requires the plaintiff (the injured party) to obtain a "certificate of merit" from a qualified medical expert. This certificate confirms that there is a reasonable belief that the defendant/healthcare provider breached the appropriate standard of care, resulting in injury or harm to the patient.

To win a medical malpractice lawsuit in Virginia, the plaintiff (the injured party) generally needs to establish the following elements:

1. Duty of Care: The plaintiff must demonstrate that there was a doctor-patient relationship, indicating that the healthcare provider owed a duty of care to the patient. This duty of care implies that the healthcare professional must adhere to a certain standard of medical practice and provide treatment consistent with that standard.
2. Breach of the Standard of Care: The plaintiff must show that the healthcare provider breached the applicable standard of care. This involves demonstrating that the defendant failed to provide treatment or care that a reasonably competent healthcare provider with similar training and experience would have provided in similar circumstances. Establishing the standard of care often requires expert testimony from medical professionals who can testify about accepted medical practices.
3. Causation: The plaintiff needs to prove that the healthcare provider's breach of the standard of care directly caused their injuries or harm. This means demonstrating that the injury or harm would not have occurred in the absence of the healthcare provider's negligence and that the negligence was a substantial factor in causing the harm.
4. Damages: The plaintiff must show that they suffered actual damages as a result of the healthcare provider's negligence. These damages can include physical pain, medical expenses, lost wages, emotional distress, loss of consortium, and other related losses. The plaintiff must provide evidence of the nature and extent of their injuries and how they have been affected by them.

In Virginia, there is a two-year statute of limitations for medical malpractice cases. This means that a patient must file a lawsuit within two years from the date the alleged malpractice occurred, or within two years from the date the injury was discovered or reasonably should have been discovered.

How We Can Help You

When you choose Kalfus & Nachman PC as your medical malpractice attorneys, you can expect comprehensive legal support tailored to your unique circumstances. We understand that each case is different, and we will take the time to thoroughly investigate your situation, gather evidence, consult with medical experts, and build a strong case on your behalf.

Our firm provides representation in a wide range of medical malpractice cases, including, but not limited to:

• Surgical errors: Mistakes made during surgery, such as wrong-site surgery, anesthesia errors, or leaving surgical instruments inside the body.
• Misdiagnosis or delayed diagnosis: Failure to diagnose or a delayed diagnosis of a serious medical condition, resulting in further harm or worsening of the condition.
• Medication errors: Prescription errors, incorrect dosages, adverse drug interactions, or administering the wrong medication.
• Birth injuries: Injuries to the mother or child during pregnancy, labor, or delivery due to medical negligence.
• Hospital negligence: Inadequate staffing, failure to monitor patients, or inadequate infection control leading to patient harm.
• Anesthesia errors: Mistakes made during the administration of anesthesia, resulting in complications or injury.
• Nursing home abuse or neglect: Failure to provide proper care, leading to harm or injury to residents of nursing homes or long-term care facilities.

We will listen to your story, assess the merits of your case, and guide you through the legal process with dedication and compassion. Trust our firm to fight for the justice and compensation you deserve.

If you or a loved one have been a victim of medical malpractice in Norfolk, Virginia, don't wait to seek legal advice. Contact the experienced medical malpractice attorneys at Kalfus & Nachman PC today for a free consultation.

Medical Malpractice FAQs

What is medical malpractice?

If you have suffered an injury because a professional healthcare provider failed to perform standard quality of care duties, you may be liable for medical malpractice or medical negligence. Medical malpractice claims may result from mistakes made in the emergency room, misdiagnoses, prescription errors, surgical errors, or birth injuries.

How long will it take to settle a medical malpractice claim?

Most medical malpractice cases are settled before they go to trial. However, it is not unheard of for medical malpractice cases to go on for months or years. Depending on the case and details surrounding the case, your attorney will have a better idea of how long it could take before you receive compensation.

Can I only sue for medical negligence against an individual?

No. You can bring a case against the authorities responsible for overseeing medical procedures and facilities if these are deemed partly or wholly at fault in your injury case. The experienced Norfolk personal injury attorneys at Kalfus & Nachman PC can examine your case and offer specific advice based on your circumstances.

Can I still file a medical malpractice claim if I file a consent form?

Yes, you can still file a claim. You may have filed a consent form, but you did not consent to letting your doctor, nurse, or another healthcare provider severely injure you. A consent form may list the risks, and your signing means that you understand the risks, but negligence is not simply a risk you take while undergoing medical care. A consent form does not cover deviation from proper medical care.