There’s no question that Medical Malpractice is a serious issue throughout the country and in Virginia. While the insurance industry has convinced the public that there are too many “frivolous lawsuits,” the reality is different when it hits home. When you or a loved one suffers, the flaws in our healthcare system become abundantly clear.
Pursuing a successful Virginia Medical Malpractice claim is exceptionally complex. Even when medical negligence is obvious, the insurance company will do everything to deny your claim and limit exposure. Given that, you need an attorney that will properly evaluate your claim to help determine your next steps.
At Abrenio Law, we understand how to prosecute Medical Malpractice claims. Being the son of a doctor, Owner James Abrenio understands the health care industry from a unique perspective.
Below is some useful information for you to consider in your Virginia Medical Malpractice case. Once you’ve had a chance to review, reach out to discuss your case with Abrenio Law.
What You Need to Know About Virginia Medical Malpractice Cases.
Below are answers Frequently Asked Questions Abrenio Law receives about Virginia Medical Malpractice cases. Take some time to review and then reach out to Abrenio Law to learn more.
What is the standard for proving a Virginia Medical Malpractice case?
To win your case, you must prove more than the doctor made a mistake. You must demonstrate that he or she “violated the standard of care” within his or her field of care. In other words, Virginia law doesn’t require doctors to be perfect. It requires that a doctor failed to do what a reasonable doctor would have done under the circumstances.
This comes up when insurance companies are defending a doctor. The common argument is that, though a victim was injured, the doctor acted reasonably. Therefore, he didn’t “fall below the standard of care” and is not liable.
Sound confusing? Well, it is. That’s why we must properly evaluate your claim to determine whether we can help.
How long will my case take?
Virginia Malpractice cases are complex. Therefore, if you have a viable claim, you should expect that it will take months or possibly years to pursue your claim.
With that being said, in Virginia you typically have two (2) years to properly file your case in court to preserve it. In some instances, it can be shorter (or longer), and every case is different. So you must seek guidance from an attorney as soon as possible to ensure you don’t waive your rights.
Also, don’t wait until the last minute to have your case considered by an attorney. At Abrenio Law, we require AT LEAST six months remaining on a statute of limitations to consider accepting a claim. That’s because cases are very complex, and we require a medical expert to review your case to determine if we have the proper medical basis to pursue your claim.
Where do I file my case in Virginia?
In Virginia, you typically will file your medical malpractice case in the county where your injury occurred. In some other instances, it may be possible to file outside of that county. However, this is the exception rather than the rule. If you have concerns about the location of where to file your lawsuit, talk to your attorney to discuss.
Why is the doctor claiming he did nothing wrong?
Because that’s their typical response. Indeed, often, it’s not the doctor responding to your Virginia Medical Malpractice claim. Instead, it’s the insurance company responding. While, of course, the doctor’s version of events matters, skilled medical malpractice attorneys are not surprised by a denial of negligence. We accept it as part of the process.
Can’t I just tell the jury what the doctor did wrong?
Of course, your story matters. And, should your case go to trial, you will likely testify. But in Virginia Medical Malpractice claims, your case will require expert witness testimony. This includes medical doctors and other medical experts who are properly qualified in the specialized field in which your injury occurred.
This is why you must reach out to an attorney early in your case to determine whether you have a claim. Because it takes time to locate and identify proper expert witnesses for your case
How much does my Virginia Medical Malpractice case cost?
At Abrenio Law, we don’t charge you upfront for attorneys’ fees. Instead, we charge a “contingency fee,” which is a percentage of your compensation if you are successful in your claim. Reach out for more details.
In addition to attorneys’ fees, though, your case will likely require litigation costs for things such as paying for expert witnesses to support your claim. Depending on the complexity of your cases, at Abrenio Law, we may require you to pre-pay litigation costs to help fund litigation. We will discuss this with you regarding your specific claim.
What are some of Abrenio Law’s previous results?
For over a decade, James Abrenio has been serving clients of Northern Virginia. Over that time, his work product has spoken volumes to the service he provides. Here’s some useful information about prior cases and prior clients:
Can Abrenio Law take my case?
At Abrenio Law, we get a lot of calls about Medical Malpractice cases. Unfortunately, we cannot take them all. What we can promise, however, is that we will conduct a sincere evaluation of your claim and give you our honest view about whether we can help.
To do so, we’ll need the following information:
- The identity of the specific doctor (or medical provider) whom you believe was negligent, and where they work.
- What exactly the doctor (or medical provider did wrong) to cause your injury. (Remember, a bad medical outcome or a traumatic experience is not enough for a viable claim. We must affirmatively prove how the doctor fell below the standard of care in your case).
- Relevant medical records to corroborate the doctor’s negligence.
- Sufficient information about your injury and recovery to understand the possible damages that you may claim. (If you were only recently injured, are still recovering, and don’t yet have an understanding of your long-term prognosis, this may require that we give you additional time to recover. Because of the complexity of Virginia malpractice law, financial cost required to pursue a case, and the amount of time and stress involved, unless you’ve sustained a long-term, complex injury, we typically will not recommend pursuing a claim.)
- Once we have the above information, our firm will then need to identify a medical expert (or experts) who is willing to support your claim in court.
As you can see, we need a lot of information to evaluate your case. So, it’s not a simple phone call or email. While this may seem discouraging or overwhelming, we are confident that the work you do before going to court will ultimately be well worth the effort. And if we ultimately turn down your case, it will be because we’ve based our opinion on enough information to give us a full grasp of your situation.
Do you still have questions about your Virginia Medical Malpractice Claim? Reach out to Abrenio Law!
We are sure you still have questions about your case. Make sure to reach out to Abrenio Law to discuss further. You can reach us at Ph. 703-570-4180. You can also learn more about Owner James Abrenio here. We look forward to hearing from you.