Legal Answers
Brien Roche
Medical malpractice is also called medical negligence. Any such claim requires thorough review. It also requires proof. That proof comes in the form of people testifying in the courtroom. The proof also includes pieces of paper and things that support the case. The investigation involves obtaining all of the medical records of the plaintiff. Those records first are reviewed by the lawyer. The lawyer then decides what records need to be reviewed by a doctor who practices in that field. That doctor then gives his view of the case. What that doctor needs to address is what is the standard of care and was it breached.
In Virginia the medical profession has been very successful passing laws that protect it. The provider (doctor, hospital, physical therapist, etc.) may request that the case be reviewed by a review panel. This panel consists of one physician, one attorney and a Circuit Court Judge. The opinion of that panel may then be presented at trial if in fact you go to trial.
There is a cap on the amount that an injured party can recover. Even though your medical expenses may exceed the cap the cap is the most you can recover. As of 2019 that cap was $2.4 million. Even though you suffered a grievous injury the cap is the most you can get.
Before you can serve a provider with suit papers you need to have a writing signed by a medical expert in the field of the party being sued. That writing must say the provider breached the standard of care. In addition it must say the breach was a cause of injury to the plaintiff. Call, or contact us for a free consult.
In the District of Columbia, there is no cap on damages. Instead, in the District of Columbia doctors are treated much the same as all other citizens. If they are guilty of fault they may be sued. If a Judge or jury finds their fault was a cause of injury to you then they may be ordered to pay. In D.C. there is a requirement to give notice to the health care provider before filing suit so that the parties have an opportunity to mediate the claim.
Legal answers provided by Brien Roche, a medical malpractice lawyer with over 40 years of trial experience. Contact Us today to discuss your malpractice matter.
For more information on medical malpractice see the pages on Wikipedia and also the pages on this site.
“I have been a client of Brien Roche for over 25 years and continue to receive exception service. Over the years he has represented in numerous situations including very large commercial transactions, business issues and others. His advice is invaluable as he listens well and is very measured in his responses. He will give you options and the pros and cons of each for you to decide what is your best course of action. I strongly encourage anyone to meet with Brien before they decide who to hire to represent them.” - Clifton Killmon
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