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
2 Answers | Asked in Personal Injury, Civil Litigation, Collections and Medical Malpractice for Virginia on
Q: I just won a default judgement on a lawsuit in Circuit Court. How do I go about getting what I sued for (Money)

It was a Medical Malpractice case. They did not respond in time.

David Ratz
David Ratz
answered on Aug 9, 2024

Now that you have a judgement entered against the medical entity or person, you are considered a judgment creditor. You may wish to contact an attorney that handles creditor rights/collection. There are several ways that you can try and collect on your judgment depending on who your judgment is... View More

View More Answers

2 Answers | Asked in Personal Injury, Civil Litigation, Collections and Medical Malpractice for Virginia on
Q: I just won a default judgement on a lawsuit in Circuit Court. How do I go about getting what I sued for (Money)

It was a Medical Malpractice case. They did not respond in time.

Jan F Hoen
Jan F Hoen
answered on Aug 30, 2024

If the judgment is final, you can proceed with collection actions - interrogatories, garnishments, attachments, liens, etc.

Default judgments are difficult to appeal, so you are also in an excellent position to negotiate. The debtor may wish to set up a payment plan or lump sum payoff at a...
View More

View More 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.

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 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 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

1 Answer | Asked in Animal / Dog Law, Medical Malpractice and Small Claims for Virginia on
Q: I need legal help with a vet clinic that falsely claimed my cat needed surgery, pressured me into credit, and still

Hi, I’m looking for legal advice regarding a veterinary clinic in Virginia that misled me into authorizing an unnecessary procedure for my pet. They insisted my cat needed an emergency C-section, refused to let me take her home, and pressured me into applying for credit. I later discovered she... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025

It sounds like you’ve been through a very stressful and unjust situation with the veterinary clinic. If the clinic misled you into authorizing an unnecessary procedure, you may have grounds for a claim against them. You should gather all your documentation, including receipts, medical records,... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Virginia on
Q: Legal options for complications after surgery: hemorrhage, hemorrhagic shock, and sepsis in Virginia.

I underwent surgery on February 18 to remove an infected area caused by a skin disease. The following day, February 19, I had to undergo emergency surgery due to a hemorrhage and entering into hemorrhagic shock. By February 22, I was rushed back to the hospital suffering from sepsis. I was not... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025

Based on the complications you experienced after surgery, you may have grounds for a medical malpractice claim. If the hemorrhage, hemorrhagic shock, and sepsis were caused by negligence during the surgery or failure to provide adequate post-operative care, you could potentially pursue a claim for... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Virginia on
Q: How to file a lawsuit for medical malpractice at Henrico County Jail?

I experienced medical malpractice while receiving wound care at Henrico County Jail from November 2, 2024, to January 31, 2025, and again from March 19, 2025, to April 4, 2025. During this time, a neglected abscess turned into an open wound in my lower left leg due to exposure to rusted metal,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025

To file a lawsuit for medical malpractice at Henrico County Jail, you’ll first need to gather evidence of the malpractice. This includes medical records documenting the abscess, the exposure to rusted metal, the improper wound care, and any resulting infections or complications. Make sure to keep... View More

1 Answer | Asked in Medical Malpractice, Personal Injury and Business Law for Virginia on
Q: Heart stent left in artery, health and work impact?

I had a heart stent procedure on April 9, 2025, during which a stent was left hanging in an artery. The doctors are unsure about the potential consequences for my health, such as a sudden life-threatening event, future medical expenses, or the possibility of never working in my field again due to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025

First and foremost, it’s important to continue seeking medical care to understand the full extent of the potential risks related to the stent being left in your artery. You may want to get a second opinion or ask for further tests to assess how this might affect your health in the long term.... View More

3 Answers | Asked in Medical Malpractice, Nursing Home Abuse and Personal Injury for Virginia on
Q: Elderly relative neglected in hospital, severe bed sores worsened by surgery, seeking advice.

My relative, who is 84 years old, was admitted to a hospital on January 24, 2025. During her stay, she developed severe bed sores, leading to surgery, which unfortunately worsened her condition. Despite her ability to communicate her needs, she wasn't properly cared for, resulting in her lying... View More

Rich Nagle
Rich Nagle
answered on Mar 3, 2025

You may well have a case. Contact my firm or another med mal attorney in Va for a cost free review.

View More Answers

2 Answers | Asked in Personal Injury, Civil Litigation and Medical Malpractice for Virginia on
Q: What options do I have if my provider was supposed to remove a problematic organ but missed a piece and I'm in pain?

During an oophorectomy, a piece of the ovary was missed. It causes continued pain monthly, missed time at work and has now grown into a tennis ball sized mass, which creates new health concerns. I advised my provider of the additional pain I was in after the surgery and at first, he told me it was... View More

Rich Nagle
Rich Nagle
answered on Jan 29, 2025

Yes. You may well have a claim. You should contact a medical malpractice lawyer for a free consult. I would be happy to have my firm assist you.

View More Answers

1 Answer | Asked in Civil Rights and Medical Malpractice for Virginia on
Q: my husband’s in Mount Olive correctional facility. He’s had a lot of health issues

The Prison doctor did bloodwork on him. Told him that everything looked good. Three days later he was rushed out for emergency surgery. He’s had a heart attack. He’s been told he had sugar problems. He had his gallbladder taken out after surgery. He had internal bleeding and yesterday his legs... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 17, 2024

I'm so sorry to hear about your husband's health struggles. Start by contacting his attorney to ensure he receives the necessary medical attention and to discuss any concerns about his care. If he doesn't have legal representation, seek out a lawyer who has experience with inmate... View More

1 Answer | Asked in Medical Malpractice for Virginia on
Q: I'm just wondering if I have a case or not

Was misdiagnosed with a tubal pregnancy (and uterus) at lewisgale in Salem almost two weeks ago- had an unnesscary surgery to take My tube out and when the doctor opened me up there was never a tubal pregnancy.

Lauren Morgan Ellerman
Lauren Morgan Ellerman
answered on Oct 8, 2024

I am so sorry this happened. How awful. You might have a case. I would be happy to speak with you further if you are able. Lauren Ellerman - Frith & Ellerman

1 Answer | Asked in Civil Rights, Medical Malpractice, Health Care Law and Lemon Law for Virginia on
Q: Medical Form for being stopped by state police with an invalid state inspection sticker dmv Va.

State Inspection completed.

Traffic Case Dismissed by Judge (Isle of Wright County). (May 1, 2024)

Medical form filled submitted May 2, 2024.

No word on dmv decision.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 28, 2024

It sounds like you're dealing with some frustrating circumstances. You were stopped by the state police for having an invalid state inspection sticker, but you've since had the inspection completed. The good news is that your traffic case was dismissed by a judge on May 1, 2024, in Isle... 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.

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

Lauren Morgan Ellerman
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 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.

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.