Virginia Medical Malpractice Questions & Answers

Q: If you think you have a malpractice claim what is the first step you should take?

2 Answers | Asked in Medical Malpractice for Virginia on
Answered on Dec 23, 2018
Anthony M. Segura's answer
The first step is to gather the pertinent medical records and contact an experienced medical malpractice lawyer to discuss the case. If the lawyer is interested in the case, they will review the records and inform you whether your should further pursue the case. If you have trouble gathering the records, the lawyer can assist you with that as well.

Q: Can a ER doctor tell a patient they can NOT come to the ER and give them a LIST of items they cant be seen there for ?

2 Answers | Asked in Personal Injury, Civil Rights, Health Care Law and Medical Malpractice for Virginia on
Answered on Dec 23, 2018
Anthony M. Segura's answer
I'm sorry that someone wasn't treated well at the hospital. In 1986, Congress enacted the Emergency Medical Treatment & Labor Act to ensure public access to emergency services regardless of ability to pay. Section 1867 of the Social Security Act imposes specific obligations on Medicare-participating hospitals that offer emergency services to provide a medical screening examination when a request is made for examination or treatment for an emergency medical condition, regardless of an...

Q: My father was recently hospitalized with severe hydration, pneumonia, severe iron deficiency and other related issues.

1 Answer | Asked in Elder Law, Medical Malpractice and Nursing Home Abuse for Virginia on
Answered on Dec 12, 2018
Jay Braddock Jackson's answer
I don't see a question in your statement of facts, but assuming that your question is whether or not you would have a case against the memory caregiver, it is not possible to tell. There are so many variables and other facts to discover before an opinion can be made. Additionally, you must know the accepted standard of care owed by the caregiver for the condition with which your father was dealing. Getting the Adult Protective Services and Department of Licensing involved was necessary. I also...

Q: I was injured at work last year had two surgery since an keep getting messed up with my payments

1 Answer | Asked in Medical Malpractice, Personal Injury, Workers' Compensation and Health Care Law for Virginia on
Answered on Dec 10, 2018
Jerry Lutkenhaus' answer
You seem to have a complicated situation. You would best be served by retaining an experienced workers compensation lawyer to assist you. I have over 35 years experience. I will be out of my office until Friday.

Q: What types of compensation would I be entitled to if I discovered a doctor left an item in me after surgery?

1 Answer | Asked in Medical Malpractice for Virginia on
Answered on Sep 26, 2018
Rich Nagle's answer
The compensation amount would be determined in part by the severity of the injury/complications caused by the offending item. Please feel free to contact me at 703-871-5060 to discuss.

Rich Nagle

Q: My brother was prescribed the wrong medication and is now in kidney failure. Should I contact the hospital or attorney?

2 Answers | Asked in Medical Malpractice for Virginia on
Answered on Aug 24, 2018
Rich Nagle's answer
My advice is that you contact a medical malpractice lawyer.

Q: We feel the doctor waited too long to do the c-section and our baby has birth injuries - what is the next step?

1 Answer | Asked in Medical Malpractice for Virginia on
Answered on Jul 30, 2018
Rich Nagle's answer
You should contact a lawyer who specializes in birth injury cases. I am happy to speak with you regarding the claim as I have handled dozens of birth injury claims in my career. www.trialhawk.com

Q: Can doctors in Virginia be sued for malpractice? I was told I can't because VA is a commonwealth.

1 Answer | Asked in Personal Injury and Medical Malpractice for Virginia on
Answered on Apr 6, 2018
Jan F Hoen's answer
You were told wrong.

Obtain all medical records and see an experienced medical malpractice attorney for review by a medical expert.

Q: My sister had a procedure that rendered her infertile.

1 Answer | Asked in Medical Malpractice for Virginia on
Answered on Feb 23, 2018
Rich Nagle's answer
Maybe. If the risk of infertility was not disclosed but under the prevailing standard of care a reasonable physician would have done so and if your sister would have declined the procedure had she been so warned the elements would be in oplacw for a successful med mal claim.

Q: I am applying for medical malpractice insurance. What qualifies as "mental impairment"?

1 Answer | Asked in Medical Malpractice for Virginia on
Answered on Feb 20, 2018
Peter Munsing's answer
Depends on the issue. Ask the insurer for the definitions.

The follow up seems to mean any treatment during the impairment period--who were the providers, who was the treating physician or clinician.

Q: if my oral surgeon extracted the wrong tooth, then falsified my medical records, do I have a case

1 Answer | Asked in Medical Malpractice for Virginia on
Answered on Feb 19, 2018
Rich Nagle's answer
The short answer is you likely have a claim although the value of the claim from a settlement/jury award perspective may not be significant. A closer review of the facts would reveal the extent of the damages and, hence, the potential value of your claim.

Q: Can I sue doctor and hospital? Doctor did not do surgery correctly.

2 Answers | Asked in Medical Malpractice for Virginia on
Answered on Feb 14, 2018
Rich Nagle's answer
Yes if there was substandard care provided. Consultation with an attorney will shed light on that question.

www.trialhawk.com

Q: Hello, my daughter was born with a cleft lip and gum line. Do we have cause to not pay out of pocket for her surgeries?

1 Answer | Asked in Insurance Defense and Medical Malpractice for Virginia on
Answered on Feb 14, 2018
Rich Nagle's answer
That depends on whether or not there was a breach of medical standards of care. Do you have reason to believe inappropriate care was given? If so consultation with a lawyer to review your claim would be the next step. www.trialhawk.com.

Q: Can they do this?

1 Answer | Asked in Consumer Law and Medical Malpractice for Virginia on
Answered on Jan 4, 2018
Peter Munsing's answer
Maybe find out what the problem is so that if it's a way you present you can avoid problems in the future. A physician can chose who they will see. There are many other chiropractors out there, many of them good. Try another.

Q: I was diagnosed with a sprain after xrays was done and after 2 months I was sent to a specialist because of the pain

1 Answer | Asked in Medical Malpractice for Virginia on
Answered on Sep 11, 2017
Peter Munsing's answer
Not unless it was something so clear on an x ray it couldn't have been seen. Assuming your limb didn't swell up significantly, it could have looked like a sprain, acted like a sprain, but wasn't . This is especially true of "occult" fractures which aren't magic, just very think and hide well in radiologic shaddows.

Q: Can you please let me know if its legal in Virginia for the Emergency Room EXAM rooms to have hidden cameras/audio?

1 Answer | Asked in Civil Rights, Health Care Law and Medical Malpractice for Virginia on
Answered on Sep 5, 2017
Peter Munsing's answer
Given the level of violence in ER's not likely it is a violation.

Q: My daughter has liver damage cause by a methyldopa. Does she have grounds for medical malpractice?

1 Answer | Asked in Medical Malpractice and Personal Injury for Virginia on
Answered on Jun 30, 2017
Peter Munsing's answer
Was the cirrhosis caused by or merely made worse by the drug? Contact a member of the Va. Trial Lawyers Assn that handles medical cases--they give free consults.

Q: Can you get a ticket after a accident ?

1 Answer | Asked in Medical Malpractice and Car Accidents for Virginia on
Answered on Jun 12, 2017
Peter Munsing's answer
Possible but unlikely. If you do plead not guilty.

However, possible one of the others may be responsible for your damages. Why not contact a member of the Va. Trial Lawyers Assn? They give free consults.

Q: seeking attorney for consultation for animal medical malpractice for fairfax, virginia

1 Answer | Asked in Animal / Dog Law, Legal Malpractice and Medical Malpractice for Virginia on
Answered on Apr 21, 2017
Peter Munsing's answer
The problem is that the value of the animal is basically the market value.However there may be other things involved.Start with members of the Va. trial Lawyers Assn-they give free consults.

Q: Are there legal remedies against medical facility with breech of records and neglige

1 Answer | Asked in Health Care Law and Medical Malpractice for Virginia on
Answered on Apr 17, 2017
Peter Munsing's answer
Generally no. If you can show there was in fact some definite use of the information by someone for identity theft you may have a claim.

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