Medical Malpractice Questions

What is Medical Malpractice?
Medical malpractice is the improper or negligent treatment of a patient by a medical professional that results in injury or wrongful death. Doctors, nurses, anesthetists and other medical professionals must follow stringent guidelines that govern every step of your medical treatment. If, through negligence or human error, you suffer personal injury or death, you or your family may have a claim for medical malpractice.
Haven’t I lost my rights by signing a medical consent form?
No, the consent form simply shows that you are aware of the risks and possible complications of the procedure. It is not an excuse for a medical professional to commit malpractice or fail to carry out their duty of excellent care.
How can I prove that I was the victim of medical malpractice?
In order to proceed with a medical malpractice case, a series of legal and medical points must be established to prove:
- The health care provider had a duty to you, the patient
- There was a failure to carry out this duty with reasonable care
- You, the patient, suffered an injury
- This injury was probably caused by the breach of care on the part of the health care provider
This is why it is so important to work with a highly experienced medical malpractice lawyer.
Can I only sue for medical negligence against an individual?
No. You can bring a case against the authorities responsible for overseeing medical procedures and facilities if these are deemed to be partly or wholly at fault in your injury case. The experienced personal injury attorneys at Kalfus & Nachman can examine your case and offer specific advice based on your circumstances.
Must I make a claim within a certain period of time?
Generally speaking, the sooner you can retain an attorney, the better, as medical evidence will be needed to succeed in your case, and tests must be conducted before the nature of the injury changes. Also, the statute of limitations in some states requires that you make your claim within 2 years of the initial incident.
How long can I expect my medical malpractice lawsuit to take?
There really is no general answer to this, but working closely with an experienced medical malpractice lawyer is one way to ensure your case takes no longer than necessary. Kalfus & Nachman attorneys have extensive knowledge of the personal injury litigation in Norfolk, Hampton, Newport News, Portsmouth, Roanoke, and Virginia Beach, Virginia, and will be happy to answer any further questions you have regarding your rights. Please contact us today to get started. “Tell Them You Mean Business.”