Ask a Question

Get free answers to your Medical Malpractice legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Virginia Medical Malpractice Questions & Answers
1 Answer | Asked in Personal Injury, Civil Rights, Health Care Law and Medical Malpractice for Virginia on
Q: I am a patient at an OTP that has consistently refused to accommodate my disability.

I have pelvic floor dysfunction & a neurogenic bladder, both federally protected disabilities, which affect my ability to provide “on-demand” urine samples at my methadone clinic. For 5 years, they have refused to offer alternative testing methods. As a result, I’ve been forced to strain... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 3, 2024

It sounds like you are facing a difficult and unfair situation at your methadone clinic. Given your federally protected disabilities, the clinic is required to provide reasonable accommodations under the Americans with Disabilities Act (ADA). This includes offering alternative testing methods that... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for Virginia on
Q: I had hip replacement surgery with a resultant estimated 700 cc hematoma and was only placed on baby aspirin post op.

I had hip replacement surgery with a resultant estimated 700 cc hematoma and was only placed on baby aspirin post op. Developed large bilateral pulmonary emboli leading to a secondary hospitalization. I'm a former ICU charge nurse and then anesthetist, this shouldn't have happened.

Joel Gary Selik
Joel Gary Selik
answered on May 16, 2024

You may have a viable case. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did. What you describe appears to be below the standard of care-it must be confirmed by a doctor expert.... View More

View More Answers

2 Answers | Asked in Medical Malpractice and Personal Injury for Virginia on
Q: I had hip replacement surgery with a resultant estimated 700 cc hematoma and was only placed on baby aspirin post op.

I had hip replacement surgery with a resultant estimated 700 cc hematoma and was only placed on baby aspirin post op. Developed large bilateral pulmonary emboli leading to a secondary hospitalization. I'm a former ICU charge nurse and then anesthetist, this shouldn't have happened.

Gail N. Friend
Gail N. Friend
answered on May 17, 2024

Being that you have clinical knowledge and have already reached opinions about the medical care, to make sure you are within the statute of limitations for filing suit -- ABSOLUTELY, seek out an attorney who has proven experience with OB cases... they are generally located in large cities where... View More

View More Answers

2 Answers | Asked in Civil Rights, Medical Malpractice and Personal Injury for Virginia on
Q: What would you call it when you're in the er for treatment yet the doctor dismisses your pain and won't do xrays?

I was also adequate hydration for being dehydrated. And the cutting of of my clothes at least an hour later and still did nothing for the injuries. The next shift had to help me get dirty out of my wounds. I was sedated asking questions about my treatment

Gail N. Friend
Gail N. Friend
answered on May 2, 2024

Generally there is an approximate 2 year statute of limitations for bringing a lawsuit. Based on the information you provided you need to talk with a medical malpractice attorney. Suggest that you or someone on your behalf immediately use this website to search for a "medical malpractice... View More

View More Answers

2 Answers | Asked in Medical Malpractice for Virginia on
Q: Can you sue for Malpractice after being left to birth in a toilet at a hospital?

I was in labor and delivery for hours without anyone checking on me. Eventually I press the call button to use the bathroom, without checking on me she unhooked me from the bed and left me by myself in the bathroom. As soon as I sat down, my water broke and the baby was coming, I was screaming and... View More

Mrs Lauren Morgan Ellerman
Mrs Lauren Morgan Ellerman
answered on Jun 15, 2023

I am so sorry this happened.

I am so glad you and your baby are ok.

No, you don't have a viable malpractice claim. I would recommend sending a letter to the hospital and let them know how upsetting this was - but beyond that, you do not have a compensable claim under Virginia...
View More

View More Answers

1 Answer | Asked in Personal Injury and Medical Malpractice for Virginia on
Q: i was administered an antibiotic i am allergic to w/o my consent nor a physician order at a nc hospital. what do i do?

i live in virginia and the procedure was in winston salem. i was administered erythromycin eye ointment while unconscious under general anesthesia for retina surgery in both eyes, with staff claiming it was standard practice (overlooking my medical record allergy list) and I woke up with a severely... View More

Mrs Lauren Morgan Ellerman
Mrs Lauren Morgan Ellerman
answered on Dec 20, 2022

I am so sorry to hear what happened.

Some preliminary issues - NC law (not Virginia law) governs your potential claim so call a NC attorney to seek help.

While it is clearly negligent to administer a medication someone is allergic to, that is not the only question when deciding...
View More

2 Answers | Asked in Medical Malpractice for Virginia on
Q: Who can I speak with in reference to negligence of an abortion procedure?
Joel Gary Selik
Joel Gary Selik
answered on Apr 11, 2024

You can find malpractice attorneys using the search function on this website.

View More Answers

1 Answer | Asked in Medical Malpractice and Personal Injury for Virginia on
Q: What are the biggest considerations for a medical malpractice birth injury lawsuit?

Let's assume the victim is not in a wheelchair or using a walker. What are the biggest considerations for how much the plaintiff will get in a settlement? I'm talking about a case where a child has very serious learning disabilities.

Joel Gary Selik
Joel Gary Selik
answered on Apr 9, 2024

The nature and extent of future needed home care, education, medical care and other needs for the child’s life.

1 Answer | Asked in Medical Malpractice for Virginia on
Q: private surgery cancellation fee

I scheduled surgery with private surgeon in the united states.

The surgery cost 16,000$, I send the money via SWIFT on 31/1 and they got it on 2/2.

I change my mind and ask to cancel on 5/2 and they ask for 5,000$ cancellation fee.

what should I do?

Joel Gary Selik
Joel Gary Selik
answered on Feb 6, 2024

Have an attorney in your state review the contract signed to see if they can take a cancellation fee.

1 Answer | Asked in Medical Malpractice for Virginia on
Q: Need a medical malparatic lawyer bad surgery in VA

had surgery on 2/20 a neck surgent cut wring took extra sink per record and had two other MD doing his job was never told there would be three MD in OR. having swallow problems, throat problems, have eat foods like a baby

Rich Nagle
Rich Nagle
answered on Apr 2, 2023

Please submit your info at www.TrialHawk.com and we will contact you promptly.

1 Answer | Asked in Medical Malpractice for Virginia on
Q: If my eye doctor failed to adhere to the screening guidelines set by the AAO and medicine induced vision loss occurs.

On December 3,2021 I was diagnosed with drug induced Retinal Toxicity. For 12+ years I was taking Hydroxychloroquine for Systemic Lupus Erythematosus. In November 2021 I went for my annual eye exam and due to the medication use I was referred to a retina specialist to perform screenings her... View More

Rich Nagle
Rich Nagle
answered on Nov 9, 2022

Yes, you may have a case.

If you provide contact info we will reach out to you to discuss.

In the alternative please go to my website TrialHawk.com and submit your information and we will promptly contact you.

1 Answer | Asked in Medical Malpractice for Virginia on
Q: Can You sue a medical office for long lasting painful side effects following an unrelated procedure?

Since December My Mother's arm has been unnable to function since She went in for an unrelated procedure and had Her veins forced open over and over again for hours because he brings were small and possibly dehydrated. Instead of rescheduling they tried to force Her veins open which was... View More

Tim Akpinar
Tim Akpinar
answered on Sep 2, 2021

A Virginia attorney could advise best, but your post remains open for two weeks. It would be difficult for any attorney to answer your question. It calls for a medical opinion. You could reach out to med mal attorneys in the Norfolk area. If they felt that your mother might have the basis for a... View More

1 Answer | Asked in Medical Malpractice and Civil Rights for Virginia on
Q: Is it legal to deny medical treatment to someone based on their disability or is it an ADA violation?

I was actively having an asthma attack and I went to urgent care and they denied me treatment because I couldn't put on a mask due to my breathing difficulties. They told me that if I didn't put on a mask, I had to go elsewhere for medical attention. They told me their hospital systems... View More

Mrs Lauren Morgan Ellerman
Mrs Lauren Morgan Ellerman
answered on Jun 21, 2021

Dear sir / ma'am:

I am so sorry about the poor care you received. Thankfully, it sounds like you didn't suffer a permanent injury as a result of their misdiagnosis - as you acted quickly to ensure correct care and treatment. As such, you would not likely have a financially viable...
View More

1 Answer | Asked in Medical Malpractice, Personal Injury, Child Custody and Education Law for Virginia on
Q: medical malpractice, failing to give proper diagnosis

As a Single Mother of 4 children who all have lifetime disabilities including myself. Lets start with Myself. I was finally approved from the SSA with having a diagnosis of OCD, Bi Polar II disorder, PTSD, Depression, Social Anxiety, Other mood disorders, Autism spectrum disorder and Schizophrenia.... View More

Tim Akpinar
Tim Akpinar
answered on Jun 7, 2021

A Virginia attorney could respond best, but your post remains open for two weeks. You provided lots of detailed information. In reading your post, it looks like the central issue is eligibility of your son for a Special Education program... and a misdiagnosis was involved. If that is correct, one... View More

1 Answer | Asked in Medical Malpractice for Virginia on
Q: Why can a female sue a dr but I cant

I just saw on the news where a lady sued a dr for misreading her mammogram but I had a surgeon put my hip in retroverted and I had 20 plus dislocations and I cant sue no one. Why is that.

Tim Akpinar
Tim Akpinar
answered on Nov 18, 2020

A Virginia attorney could advise best, but your question remains open for a week. The answer to your question could be a lengthy one, but the concise answer based on the brief description provided is that no two individuals and the set of circumstances and legal theories surrounding their cases are... View More

1 Answer | Asked in Medical Malpractice for Virginia on
Q: I had an incident at the ER giles carilion..just want to know if I have a case or not

I went to the ER with a large kidney stone blocking my urinary tract. They ran 2 scans..dr said there was nothing there..then they pushed a catheter up in me and hit the stone and shoved it back up inside me doing tremendous damage plus the ungodly amount of pain that no words can describe.that... View More

Tim Akpinar
Tim Akpinar
answered on Oct 30, 2020

A Virginia attorney could advise best, but your question remains open for four weeks. To answer your question, an attorney would likely need the opinion of a medical professional. As a starting point, you could reach out to Virginia med mal attorneys. Most med mal attorneys offer free initial... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for Virginia on
Q: Can i stilll sue

I went to duke to have my hip put back in then during rehab it popped out and they sent me to hospital after rehab center left me there for two days with 2 dislocated hips well rehab threw me out saying i costed them to much money. So i went home my hip popped out 22 times in two weeks. Went to... View More

Mrs Lauren Morgan Ellerman
Mrs Lauren Morgan Ellerman
answered on Oct 13, 2020

Oh wow - I am so sorry to hear all of this. You may have a claim against them - but I am not licensed in NC and cannot advise as to the laws of negligence in North Carolina. If you would like a few excellent attorneys licensed in both VA and North Carolina - I recommend Amberley Hammer (Va Beach)... View More

1 Answer | Asked in Medical Malpractice for Virginia on
Q: When an attorney takes a case on contingency, do they usually get paid more than if they do it on an hourly rate?
Richard Maxwell Volin
Richard Maxwell Volin
answered on May 20, 2020

If you are asking whether an attorney that WINS a contingency case gets paid more than if the attorney had simply taken the case on an hourly basis, then the answer is: It depends on the math. A quick win requiring very few hours would probably result in a contingency fee higher than the hourly... View More

1 Answer | Asked in Medical Malpractice for Virginia on
Q: Will hospitals give privileges to doctor's who don't have medical malpractice insurance?
Tim Akpinar
Tim Akpinar
answered on Mar 24, 2020

It could depend on the arrangement the doctor has with the hospital and the role in which they work (employee, independent contractor, part of group practice, etc.) Some arrangements include reimbursement for premiums. Additionally, different states treat the issue differently. Good luck... View More

2 Answers | Asked in Criminal Law, White Collar Crime and Medical Malpractice for Virginia on
Q: Does a conviction of "obtained drug by fraud" fall under the category of a Drug Crime or is it a White Collar Crime?

Or is it both? Also, after reading relevant Virginia Code, it's my understanding that in the State of Virginia it is only possible to be granted an expungement if found not guilty or charges are dismissed by the prosecution. Is that correct?

Susan Fremit
Susan Fremit
answered on Feb 13, 2020

Yes, you are correct: only charges which have been nolle prosequi'd (withdrawn) or dismissed (and not via offender offender program) is a charge eligible for expungement. Even those charges which are eligible are not automatically expunged.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.