As a patient considering filing a lawsuit against a doctor in the state of Virginia on the grounds of medical negligence, consulting with a medical malpractice lawyer is the only accurate method of determining one’s legal rights and how to pursue these rights. As part of any viable medical negligence claim, regardless of the state where the claim is filed, a patient must prove several critical legal elements, such as:
- A relationship existed between a doctor and the patient and that a duty of care was owed by the doctor to the patient
- The doctor violated the standard of care during treatment, which in turn breached his or her duty of care owed to the patient
- The breach of duty of care constituted negligence
- The negligent actions committed by a doctor were the proximate cause of the patient’s injuries and other damages
- The patient incurred damages, both economic and non-economic, as the result of the doctor’s negligence
In addition to these general legal requirements relevant to any medical malpractice claim, a patient must also meet the state-specific requirements governing medical malpractice. In the state of Virginia, these requirements are laid out in state statutes, as well as through legal precedents.
State of Virginia Requirements for Filing Doctor Lawsuits
- The state of Virginia requires that any medical malpractice legal action must commence within two (2) years following the date of the cause of action in a given claim. The state has refused to recognize patient discovery as grounds for the date when the statute of limitations period begins accruing.
- The state of Virginia adheres to what is known as a doctrine of contributory negligence for medical malpractice claims, which states that a patient may incur bars to recovery only the in the event his or her fault is concurrent with the defendant’s fault.
- Expert witness testimony, in the state of Virginia, is required to prove the applicable standard of care, deviation from the standard of care, and proximate cause of damages in all cases, except instances of common knowledge possessed by laypersons.
- The state of Virginia places statutory caps on punitive, non-economic, and economic damage awards in medical malpractice cases. These caps will vary in light of the factors relevant to each individual claims case, as well as the date from which a given cause of action occurs.
Getting Legal Help with Filing a Doctor Lawsuit in Virginia
In light of the relative complexity of medical malpractice law in general, as well as in light of the relatively complex state-specific statutes and legal precedents governing claims in Virginia, a patient must consult with a medical malpractice lawyer to succeed with any legal action as the result of medical negligence.
