Many of our clients come to us wondering if they can sue their doctor for medical malpractice. In many cases, the answer is yes. Physicians are responsible for providing reasonable skillful and careful care for all of their patients. The key is to determine if your doctor was negligent in their care for you.
Medical malpractice is a complex issue which cannot be fully covered here, but there are several important questions to consider when filing a suit against your physician.
What is the statute of limitations for filing a medical malpractice lawsuit in Virginia?
Each state has different laws governing the statute of limitations for these types of lawsuits. In the state of Virginia, generally you have two years from the date of negligence to file. There is also a “continuing treatment rule” which is for cases when the patient is under a health care provider’s care for an extended period. When medical care falls under this provision in the law, the patient has two years after the last treatment to file suit against the physician. This date may be debated so it is best to file within the general two year period.
It is best to contact one of our attorneys at Epperly & Follis P.C. to schedule a consultation to discuss the specifics of your case.
What are some of the most common personal injury claims?
There are many different scenarios where someone might need a malpractice lawyer. At Epperly & Follis, some of the most common cases we see include:
- Pharmaceutical Errors
- Wrongful Death
- Nursing Home Negligence
- Hospital and Physician Negligence
- Birth Defects or Injuries
Was the Physician negligent, or was the treatment just unsuccessful?
When health problems persist, it is easy to assume the doctor is not providing reasonable care for the patient. Doctors cannot always provide all the answers why someone is not getting better, or why your loved one died unexpectedly during surgery.
To bring a lawsuit against a doctor, you need to be able to show the physician was negligent in their care of your physical issues in a way another competent doctor, under similar circumstances, would not be negligent. This is why a medical expert is needed for malpractice cases.
Who is the Expert Who Will Be At Trial?
The plaintiff has to find a qualified representative who is willing to testify on your behalf at trial. They should have experience in the specific medical issues being addressed. Most patients or family members of wrongful death lawsuits have trouble finding experts who are willing to testify against a doctor at trial. This is where having professional legal representation comes in handy when you do not know where to turn.
Who Else Can I Sue?
Doctors often work with a group of physicians as a partner in a practice, but then they conduct surgeries at hospitals. It is not always clear which parties to pursue with a malpractice lawsuit. There are circumstances where you may need to file suit against the physician, as well as the hospital where the medical malpractice has allegedly occurred.
If you or a loved one has been a victim of medical malpractice, Epperly & Follis P.C. is here to help. Call us today at 1-888-703-0109 or 804-648-6480.