our recent case results we mean business
Over a billion dollars recovered in settlements & Verdicts
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$10.9 Million Traumatic Brain Injury
Settlement for our 2-year-old client who suffered a skull fracture and traumatic brain injury due to a faulty hotel balcony railing
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$10.5 Million Truck Accident
Settlement for our client who suffered a traumatic brain injury from a truck accident
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$7 Million Auto Accident
Settlement for our client who suffered severe and permanent back & spinal cord injuries resulting in paralysis
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$5.147 Million Truck Accident
Settlement for our client who suffered a traumatic brain injury due to a tractor trailer accident
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$2.15 Million Premises Liability
Settlement for our client who sustained multiple severe orthopedic injuries due to a ruptured steel tank
Medical Malpractice Laws in Virginia
In Virginia, medical malpractice laws govern the legal rights and responsibilities related to medical negligence or professional misconduct by healthcare providers. These laws determine how patients can seek compensation for injuries or damages resulting from medical errors.
Before filing a medical malpractice lawsuit, Virginia law requires the plaintiff (the injured party) to obtain a "certificate of merit" from a qualified medical expert. This certificate confirms that there is a reasonable belief that the defendant/healthcare provider breached the appropriate standard of care, resulting in injury or harm to the patient.
To win a medical malpractice lawsuit in Virginia, the plaintiff (the injured party) generally needs to establish the following elements:
- Duty of Care: The plaintiff must demonstrate that there was a doctor-patient relationship, indicating that the healthcare provider owed a duty of care to the patient. This duty of care implies that the healthcare professional must adhere to a certain standard of medical practice and provide treatment consistent with that standard.
- Breach of the Standard of Care: The plaintiff must show that the healthcare provider breached the applicable standard of care. This involves demonstrating that the defendant failed to provide treatment or care that a reasonably competent healthcare provider with similar training and experience would have provided in similar circumstances. Establishing the standard of care often requires expert testimony from medical professionals who can testify about accepted medical practices.
- Causation: The plaintiff needs to prove that the healthcare provider's breach of the standard of care directly caused their injuries or harm. This means demonstrating that the injury or harm would not have occurred in the absence of the healthcare provider's negligence and that the negligence was a substantial factor in causing the harm.
- Damages: The plaintiff must show that they suffered actual damages as a result of the healthcare provider's negligence. These damages can include physical pain, medical expenses, lost wages, emotional distress, loss of consortium, and other related losses. The plaintiff must provide evidence of the nature and extent of their injuries and how they have been affected by them.
In Virginia, there is a two-year statute of limitations for medical malpractice cases. This means that a patient must file a lawsuit within two years from the date the alleged malpractice occurred, or within two years from the date the injury was discovered or reasonably should have been discovered.
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When speaking with the attorneys or their personnel, they have always always been polite and answered any questions I had.- Cashel
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The law firm helped me throughout the long healing process and assisted me in getting a settlement.- April
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Friendly and hard-working people. Always there for the client's needs. Will continue being a client for any other needs I may have.- Tanya N.
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I had a wonderful experience with this company Jessie Suites and the whole Kalfus and Nachman family, and another special thank for her kindness and support, Ella Baskin. I really love y’all like family.- Latasha M.
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Patient, understanding, considerate, and loyal. These were the characteristic of Mrs. Carmen Caswell. Job well done!- Leroy M.
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The service was comfortable, friendly, and inviting. Everyone seemed to want me to be successful in my recovery and suit. The receptionist, Ms. Ella, was very friendly and helpful.- Jacqueline
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Ms. Vaughn is simply amazing, very professional, and helpful through my disability case... I highly recommend her to handle your case!- Michael W.
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They did an excellent job with my case and had no issues or problems. Call the hurt line they can help.- Benjamin W.
norfolk, VA medical malpractice FAQ
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What is medical malpractice?
If you have suffered an injury because a professional healthcare provider failed to perform standard quality of care duties, you may be liable for medical malpractice or medical negligence. Medical malpractice claims may result from mistakes made in the emergency room, misdiagnoses, prescription errors, surgical errors, or birth injuries.
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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.
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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 partly or wholly at fault in your injury case. The experienced Norfolk personal injury attorneys at Kalfus & Nachman PC can examine your case and offer specific advice based on your circumstances.
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Can I still file a medical malpractice claim if I file 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 another 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 you take while undergoing medical care. A consent form does not cover deviation from proper medical care.
A Powerful Team in Your Corner what sets us apart
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Built to Battle
We know how insurance companies try to limit claims — and after 45+ years, we know exactly how to stop them.
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Serving Since 1979
For over four decades, we've guided thousands of Virginia clients through complex legal challenges, earning trust through proven results.
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Complete Legal Coverage
Personal injury, workers' compensation, Social Security Disability — no matter your situation or location across Virginia, our team is here to provide comprehensive legal support.
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Millions Recovered
From a $10.9M TBI settlement to a $7.1M truck accident recovery — we've secured the financial support our clients need, and we're ready to fight for yours.