What is medical malpractice?
If you have suffered an injury because a professional healthcare provider failed to perform standard quality of care duties, they may be held liable for medical malpractice or medical negligence. Medical malpractice claims may be the result of mistakes made in the emergency room, misdiagnoses, prescription error, surgical error, or birth injury.
How long do I have to file a medical malpractice claim?
In the state of Virginia, you must file a medical malpractice claim within two years of the date you were injured. In the case of foreign objects, fraud, or concealment, the statute is extended for one year from when the object was discovered or should have been discovered. However, the limit on this is ten years from the time the injury occurred. The best thing you can do is to contact the experienced medical malpractice attorneys at Kalfus & Nachman at your earliest convenience so you do not have to worry about time limits.
How long will it take to settle a medical malpractice claim?
Most medical malpractice cases are settled before they go to trial. However, it is not unheard of for medical malpractice cases to go on for months or years. Depending on the case and details surrounding the case, your attorney will have a better idea of how long it could take before you receive compensation.
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.
Can I still file a medical malpractice claim if I filed a consent form?
Yes, you can still file a claim. You may have filed a consent form, but you did not consent to letting your doctor, nurse, or other healthcare provider severely injure you. A consent form may list the risks and your signing means that you understand the risks, but negligence is not simply a risk that you take while undergoing medical care. Deviation from proper medical care is not covered by a consent form.
If you have any other questions about medical malpractice and are in the Norfolk, Newport News, or Roanoke, Virginia area, please contact Kalfus & Nachman by phone at (800) 361-0430 or complete our online form to schedule a consultation with one of our experienced medical malpractice attorneys today.