Medical Malpractice Attorney

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Medical Malpractice in Northern Virginia

When you receive medical treatment from a licensed physician, you assume you’ll get the quality of care that you bargained for. Unfortunately, that’s not always the case. Doctors can—and do—make life-threatening mistakes. 

Nursing home negligence is also on the rise. You trust that your loved ones will be competently taken care of by the staff. But far too often, the staff at these homes will neglect or abuse the residents, leading to injuries and even death.

When medical malpractice, drug injuries, or elder abuse/negligence in a nursing home happens, you deserve to have someone on your side. Brien Roche Law will fight hard for your rights to get you the justice you deserve.

Drug Injuries

Drug injury in the U.S. is widespread. Most drugs must be approved by the FDA before being sold to the public. However, doctors are allowed to prescribe drugs for what is called off-label use, which means for purposes not intended or approved by the FDA.

If off-label usage has caused injury, then a straight medical malpractice claim against the doctor could be filed because the injury was due to the usage of the product. Additionally, a malpractice claim could be made if the doctor failed to obtain informed consent. 

As the patient, you should be fully informed by the doctor that he or she is prescribing a drug for a particular treatment that was not approved by the FDA and you are willing to take the medicine knowing this circumstance. 

If you feel you’ve been injured by drugs that are prescribed for off-label use, contact Brien Roche Law. 

Nursing Home Negligence

The care and concern for our elders in nursing homes have both gone steadily downhill over the years. Many retirement homes place profits over people, and this can quickly lead to situations of negligence and elder abuse. Victims of nursing home neglect and their families have a right to fair and just payment for their injuries. 

Claims against nursing homes are for falls, bed sores, lack of hydration, or other forms of neglect. Patients have a right to be respected and treated with professionalism. They also have a right to be represented aggressively. Therefore if you or a loved one have a claim for nursing home neglect, contact Brien Roche Law.

Why So Many Have Trusted Brien Roche

40+ Years of Experience

Top Rated in VA

Caring & Compassionate

Works on Contingency Fee Basis

Winning Record

Handles all Types of Malpractice

Some Brien Roche Medical Malpractice Cases

Case Description Amount
Jury verdict against local urologist $1,850,000
Jury verdict against local obstetrician/gynecologist $900,000
Malpractice settlement against a local urologist $800,000
Award to an infant after trial and settlement $750,000
Settlement for an inpatient suicide $500,000
Award to a widow for local hospital malpractice $400,000
Settlement for death of an elderly patient $350,000
Settlement against local obstetrician/gynecologist $300,000
Settlement against local hospital $950,000


Brien Roche is an experienced, no-nonsense professional who gets results! He is a man of integrity and high principles dedicated to a positive outcome. I can count on him to quickly make sense out of a complex challenge, identify my legal pathways, and take the lead at times when circumstances seem overwhelming. He explains in clear terms the varieties of remedies that the law offers and lays out realistic expectations. Throughout the process he keeps open a solid line of communication. Personally, he is always caring about how a legal struggle impacts my life – emotionally and financially.

– John F.

Medical Malpractice Cases We Handle

Medical malpractice occurs when a hospital, doctor, or other health care professional causes an injury to a patient through a negligent act or omission. To pursue a medical malpractice claim, you must generally prove two (2) things: substandard care and what did that substandard care then cause in terms of injury.

Here are some of the types of medical malpractice cases Brien Roche Law handles:

    • Anesthesia Injury
    • Bile Duct Damage
    • Brain Damage
    • Misdiagnosis
    • Failed Gastric Bypass
    • Botched LASIK Surgery

Frequently Asked Questions

To prove a medical malpractice case, we need to show the following things:
  1. You had a doctor-patient relationship. 
  2. Substandard care was rendered.
  3. That substandard care caused an injury.
  4. The actual injuries.
In a medical malpractice case, the damages typically fall into what is called “compensatory damages.”  These damages are designed to compensate you for your loss. Those losses may be economic or non-economic:
  1. Economic damages are such things as medical bills and lost wages.  
  2. Non-economic damages are intangible damages such as pain and suffering, emotional distress, grief, loss of a loved one, etc.
  3. Punitive damages may be recovered in certain instances but that is relatively rare in the medical malpractice context. 

When most people think of medical malpractice, they think of physicians doing harm. But anyone who provides health care services that harm or injure a patient can be held accountable. So nurses, therapists, and a host of other people involved in your care may qualify as health care providers.

This differs from state to state, but in Virginia, the time limit for malpractice cases typically is two years. There are several exceptions to that and as such, each case must be evaluated individually.

The goal of a medical malpractice claim is to seek compensation for your losses or damages. So the compensation you can recover should match your specific loss or damage.

If you lost income due to time off of work, you should be able to recover compensation for the lost wages. If you were injured and incurred medical care and bills to address the injury, you should be able to get compensation to cover those costs.

As indicated above, your damages in a medical malpractice case may be either economic or non-economic. Sometimes the economic losses are minor and the non-economic damages are the more compelling ones.

Many records can help bolster your claim, such as admission sheets, progress notes, doctor notes, records of therapy, medication records, and lab/imaging studies, to name a few.

It is based on the usage of the product. Or, it may also be based upon a failure to obtain informed consent. That is, the fact that the intended use of the medicine varies from the actual use may be malpractice. 

If the drug is being used for a purpose not approved by the FDA, then the patient has a right to know that. The doctor’s failure to provide that information may be malpractice. How strong that claim is may be a function of how far the doctor strayed from the FDA-approved usage.

Find a Location Near You

8355 Greensboro
Dr McLean, VA 22102
4607 Newcomb
Pl Alexandria, VA 22304

Areas We Serve

Fairfax, VA

Mclean, VA

Vienna, VA

Burke, VA

Annandale, VA

Falls Church, VA

Reston, VA

Alexandria, VA

Arlington, VA

Herndon, VA

Contact Us For A Free Consultation

Medical Malpractice Attorney Northern Virginia

Contact Us For A Free Consultation

    Contact Us For A Free Consultation