Medical Malpractice in Southwest VA –
Davis, Davis & Davis Attorneys

Malpractice includes errors by medical professionals (doctors, nurses, and hospitals)
in providing proper health treatment or performing medical duties competently.

Basic Requirements of a Medical Malpractice Claim

All of these requirements are necessary to proving malpractice occurred:

  • A doctor-patient relationship existed – there must be a direct relationship, proof of care, or treatment established.
  • The doctor (or health provider) was negligent – not just that you might be dissatisfied with the outcome or status of the treatment.
  • The doctor’s negligence caused the injury – proving that the negligence ‘more likely than not’ caused the damage often requires an expert witness.
  • The injury led to specific damages – mistakes happen often, but specific harm or damage must be shown, such as physical pain, mental anguish, additional medical bills, and lost work and lost earning capacity.

Common Types of Medical Malpractice or Healthcare Mistakes

Yes, medical mistakes can happen; however, common malpractice claims fall into these categories:

  • Failure to diagnose – if a competent doctor would have discovered the illness or made another diagnosis that would have led to a better outcome, there may be a valid claim.
  • Improper treatment – if a doctor treats the patient in a way no other competent doctor would, or administers treatment incompetently, there could be a valid claim.
  • Failure to warn of known risks – if a doctor fails to provide informed consent, prescribes or administers a drug, or does a procedure without warning of the side effects involved, there may be a valid malpractice claim.

Special requirements in medical malpractice cases exist, so it is best to be aware that some of these may apply:

  • Malpractice cases must be filed with court soon after the injury – timely filing that falls under the statute of limitations, often between six months and two years.
  • Special malpractice review panels – many states have a special group to hear arguments and testimony that affirms whether malpractice occurred before going to court.
  • Special notice requirements – some states require that advance notice or description of the claim be given to the doctor before it is filed in court.
  • Expert testimony is required – qualified experts and their testimony are often very important parts of a patient’s case.
  • Limits on damage awards – many states place a limit or cap on the amount of damages that can be awarded in a malpractice case.

Specialized Knowledge & Experience Work for You

Davis, Davis & Davis Attorneys have the specialized knowledge and decades of experience assisting clients with medical malpractice cases. We invite you to put our skills to work for you. Medical malpractice is an area of law where patients need the counsel of an attorney who knows the rules, the basic and special requirements, and the law.

Protect your rights and let Davis, Davis & Davis restore some of what you have lost due to medical malpractice.