You trust doctors, nurses and other medical professionals with your most valuable asset – your health. If they betray this trust and make preventable mistakes in your care and treatment, you have the right to demand answers and seek just compensation for the harm you have suffered. An experienced medical malpractice lawyer at Kendall Law Firm can help you.
Since 2009, attorney David B. Kendall and our legal team have protected the rights of medical negligence victims and their families in Charlottesville and surrounding communities. We always focus on the individual and pursue results that meet our client’s specific needs and goals.
To discuss your medical malpractice case today, call or reach us online. We can provide a free and confidential consultation from our office in Charlottesville or our offices in Harrisonburg, Winchester, Staunton or Woodstock. We can explain your rights and all options available to you.
The consequences of medical malpractice are costly and tragic. Diederich Healthcare reports that, in 2016, medical malpractice payouts in the U.S. totaled roughly $3.95 billion, including $56.7 million in Virginia alone. Thirty percent of the country’s reported medical malpractice claims involved a patient’s death, while the majority of cases involved permanent injury.
Negligence can occur in any medical setting, including large regional hospitals, small clinics, nursing homes and other assisted living facilities. Additionally, any type of medical professional can commit malpractice, including:
Medical professionals make many different types of mistakes that harm patients. Some common errors that lead to medical malpractice claims in Virginia are:
You may be unsure about the specific act or omission that harmed you or your loved one. The role of your lawyer from Kendall Law Firm will be to thoroughly investigate your case , determine what went wrong and identify who should be held responsible. A medical malpractice investigation may reveal problems that lead a hospital or clinic to change its policy and practice, which prevents other patients from being harmed in the future.
The first step in a medical malpractice claim in Virginia – as with any personal injury or wrongful death claim – is to meet with a lawyer. At Kendall Law Firm, we provide free, no-obligation consultations because we want you to feel free to discuss your case with an experienced attorney.
The next step will be to conduct an investigation. Your lawyer will collect your medical records, interview witnesses and examine other evidence. As part of this investigation, your lawyer also will consult with a qualified medical expert. The expert can determine what standard of care applied to your case and whether the medical professional failed to meet that standard. After consultation with an expert, your lawyer can go forward with filing a medical malpractice lawsuit in the proper court.
The filing of a lawsuit initiates a formal evidence-gathering process called “discovery.” It also typically leads to direct or mediated settlement negotiations with the medical professional(s) that the lawsuit names. Those discussions can – and often do – result in a settlement. However, if a medical professional challenges liability or the amount of damages, then your case will likely proceed to trial.
At Kendall Law Firm, we give close personal attention to clients throughout the process of pursing a claim. You can expect us to keep in regular contact with you and always be available to answer your questions.
Kendall Law Firm strives to provide quality legal services with a distinctly personal touch. As we pursue compensation for you in your medical malpractice claim, we will seek damages that address the specific, unique harm that you have suffered. The types of damages we seek on your behalf could include:
Virginia places a limit on the total amount of damages that you can recover in a medical malpractice lawsuit. The limit depends on when the negligence occurred. Every year, through 2031, the limit will increase by $50,000. Kendall Law Firm can advise you on the limit which applies to your case.