Viability of Medical Malpractice Claims
Medical malpractice cases in Virginia are very expensive for people to pursue. Beyond the financial expense, they also require a significant investment of time and emotional energy at a time when people are already struggling. And Virginia law places a limit on the amount anyone can recover, no matter how serious the injury.
For these reasons, it is important to carefully consider whether pursuing a case makes sense.
For a medical malpractice case to be viable to pursue, one or more of the following generally exist:
- The injured person has serious and permanent injuries.
- The injured person has incurred a substantial amount of medical bills.
- The expected value of the case is more than it will cost the client to pursue the case.
- The medical records include facts that support and are helpful to what the injured person recalls.
- In the case of a wrongful death, there are surviving family members and they had a relationship with the person who died.
- There is medical literature that shows the injured person should have received different, better care.
When a Case May Be Difficult to Pursue
It is generally difficult to help if one or more of the following exist:
- The injured person has completely recovered or has only minor injuries.
- The injured person has a health insurance policy that must be paid back for medical bills it paid and that amount is substantial.
- The expected value of the case is less than what it would cost the client to pursue the case.
- The medical records include facts that, while untrue, are very harmful to and opposite from what the injured person recalls.
- In the case of a wrongful death, there are no close surviving family members or the surviving family members were not in touch with the person who died before their death.
- There are multiple, accepted ways to provide the medical care at issue or there is no medical literature that shows the injured person should have received different care.
When you contact us, we will obtain basic information like your contact information and demographics.
Questions to Be Prepared to Answer During Our Consultation
One of the most important questions we will ask is: What are your goals? It is important for us to know what your goals are so we can assess whether we can help you meet them. If we cannot help you reach your goals, we will have an honest conversation about why that is. We will also want to know other information that helps us guide you better, things like:
- Who is the potential defendant?
- What is the date of incident?
- What happened?
- What are your injuries?
- What health insurance do you have?
- Have you made previous attempts to settle your claim?
- If a death is involved, who were the deceased person’s closest family members?
- Who are the witnesses?
- Do you have any pictures, videos, text messages, voicemails, voice recordings, emails, or social media posts or messages about the incident?
- Have you given a statement to anyone else (e.g., government official, hospital employee, insurance adjuster, other attorney)?
- Have you been involved in prior accidents or had prior injuries to the same body parts?
- Have you been involved in the legal system before (civil or criminal claims)?
Some questions can be uncomfortable to answer, but remember two things: (1) our conversations are confidential and (2) we are asking so we can help you, not judge you.