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Medical malpractice is any kind of injury due to medical negligence. It includes surgical mistakes, failure to diagnose or wrongful diagnosis, medication errors, nursing home neglect, and other forms of injury by medical providers. These cases can be difficult to prove and require a thorough review of the medical records. The law requires an expert medical opinion from a similar health care professional with knowledge of the correct standard of care. This process should begin as soon as possible, since it may involve multiple experts and there is a limited amount of time to pursue legal action. It is important to contact an experienced attorney who is knowledgeable in this area without delay.
When a suit is filed in a medical malpractice case in Virginia, the attorney must certify that a qualified expert has reviewed the case. Unless another health care provider can testify that the defendant practitioner was negligent, the case cannot be pursued. This protects health care providers from claims which do not have merit. However, it makes pursuing a meritorious claim expensive for the attorneys who advance the costs for experts. Often, another firm or attorney is associated to share those costs. The fee remains the same and is divided between the firms or attorneys.
Because of the complexity, risk and expenses involved in these cases, the fee is higher than in other kinds of personal injury cases. The standard attorney fee in a medical malpractice case is 40% instead of 1/3.
If you or someone you know has been injured, it is important to know that there are several options for filing a personal injury lawsuit. Whether medical malpractice, an on-the-job injury or illness, an auto accident, or any other type of personal injury you should contact a skilled personal injury attorney to handle your case and advocate on your behalf. Please call Hampton Injury Law, PLC today at (757) 838-1136.
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