Medical Malpractice FAQ

1. What qualifies as medical malpractice in Virginia?

Medical malpractice occurs when a healthcare provider fails to meet the standard of care, resulting in injury or harm. Examples include surgical errors, misdiagnosis, or improper medication.

2. How long do I have to file a medical malpractice claim?

Generally, you must file within two years of the malpractice. Some exceptions may apply, especially in cases involving children or delayed discovery of harm.

3. What damages can I recover in a malpractice case?

You may recover compensation for medical expenses, lost wages, pain and suffering, and long-term care needs. Virginia has a cap on medical malpractice damages, which is set to increase by $50,000 each year until it reaches $3 million on July 1, 2031. 

4. Do I need expert testimony to prove malpractice?

Yes. Virginia law typically requires expert medical testimony to show that the provider failed to meet the required standard of care.

5. How do I know if I have a valid malpractice claim?

If you suffered harm that could have been avoided with proper medical care, you may have a claim. Speaking with an experienced malpractice attorney can help you understand your options.