Fairfax Medical Malpractice Attorney

Fighting For Those Who Have Been Injured By Medical Professionals in Virginia 

When you seek medical care, you expect to acquire treatment that improves your health and well-being. Unfortunately, healthcare professionals sometimes fail to meet the necessary standards of care, leading to devastating consequences. Medical malpractice can result in severe injury, worsened conditions, or even death. You may be entitled to compensation if you or a loved one has suffered harm because of medical negligence. At the Law Office Of Andrew S. Kasmer, our medical malpractice lawyer in Fairfax, is ready to assist you.

Injured Due to Medical Negligence? Get the legal help you need. Call (571) 350-8562 today or contact us online for a free consultation.

What is Medical Malpractice?

Medical malpractice often occurs when a healthcare provider, like a doctor, nurse, or medical facility, deviates from the standard of care expected in their profession. This deviation can take many forms, including misdiagnosis, surgical errors, improper treatment, or failure to warn patients of known risks. For a claim to be permitted as medical malpractice, it must meet several legal criteria:

• Duty of Care: The healthcare provider has a responsibility to offer competent care to the patient.
• Breach of Duty: The provider failed to meet the accepted standard of care, resulting in negligence.
• Causation: The provider's negligence directly caused harm or injury.
• Damages: The patient suffered damages as a result of the negligence, such as physical pain, emotional suffering, or financial loss. 

Common Causes of Medical Malpractice

Common types of medical malpractice include:

• Misdiagnosis or Delayed Diagnosis: When a doctor fails to correctly diagnose a condition, the patient may miss out on crucial treatment, causing their health to deteriorate further.
• Surgical Errors: This can involve performing the wrong surgery, leaving surgical instruments inside the patient, or damaging organs during a procedure.
• Medication Errors: Incorrect prescriptions, dosages, or medication administration could result in serious complications, which include overdose or adverse drug interactions.
• Birth Injuries: Mistakes during labor or delivery can lead to lifelong disabilities or health problems for both the mother and child.
• Failure to Obtain Informed Consent: Patients have the right to be notified about the risks of a procedure or treatment. If a provider fails to do so, and the patient suffers harm, it may be considered malpractice.

What Damages Could Be Recovered in a Medical Malpractice Claim?

Potential damages may include:

Economic Damages

Economic damages are quantifiable losses, which can include:

• Medical Expenses: This covers the cost of ongoing treatment, corrective procedures, rehabilitation, and any necessary medical equipment or home care.
• Lost Wages: If the injury from malpractice results in the patient missing work, they may be compensated for lost income.
• Future Earnings: In cases where the malpractice leads to permanent disability or impairs the patient’s ability to work in the future, compensation can cover the projected loss of earnings.

Non-Economic Damages

Non-economic damages are more subjective and reflect the emotional and psychological impact of the malpractice:

• Pain and Suffering: Compensation for the physical discomfort endured due to medical negligence.
• Emotional Distress: This includes mental anguish, anxiety, depression, and other emotional impacts caused by the injury.
• Loss of Enjoyment of Life: If the patient could no longer participate in activities or hobbies they once enjoyed due to their injury, they may be qualified for compensation for this loss.
• Loss of Consortium: In cases where the malpractice has affected the patient’s relationship with their spouse or family, damages could be granted for the loss of companionship and support.

How to Prove Medical Malpractice

Proving medical malpractice requires strong evidence and legal expertise. Here are the key elements needed to build a solid case:

Establishing the Doctor-Patient Relationship

• You must show that the healthcare provider had a professional duty to treat you.
• This is typically proven through medical records, treatment history, and billing statements.

Demonstrating How Negligence Occurred

• The provider must have deviated from the accepted standard of care.
• Examples include misdiagnosis, surgical errors, medication mistakes, or failure to provide proper treatment.

Using Specialist Medical Testimony

• Specialist witnesses help establish whether the provider acted negligently.
• These professionals compare the care you received with what a competent provider would have done.

Collecting Medical Records and Other Key Evidence

• Medical charts, prescriptions, test results, and hospital reports are critical in proving malpractice.
• Witness statements from nurses, other doctors, or medical staff can strengthen your claim.