Suffered injury or death of a loved one due to Medical Malpractice? Kendall Law Firm Lawyers can help you with a claim.

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. Our offices are located in Charlottesville or our offices in Harrisonburg, Winchester, Staunton or Woodstock. We can explain your rights and all options available to you.

What Is Medical Malpractice?

Nobody expects medical professionals to be perfect. However, when they diagnose and treat patients, they should meet the recognized standard of care. In other words, they must do what a reasonable medical professional in that same community and medical specialty would do. If a medical professional violates the standard of care, and a patient suffers harm due to that breach, it constitutes medical malpractice.

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:

  • Doctors
  • Midwives
  • Dentists
  • Pharmacists
  • Nurses
  • Chiropractors
  • Optometrists
  • Psychologists

What Are Different Types of Medical Malpractice?

Medical professionals make many different types of mistakes that harm patients’ health. Some common errors that lead to medical malpractice claims in Virginia are:

  • Misdiagnosis – This is the leading cause of medical malpractice claims in the U.S., according to Diederich Healthcare. Patients suffer harm when a doctor fails to make a timely diagnosis of a condition such as cancer or when a doctor diagnoses a patient with the wrong condition.
  • Surgical errors – Operating on the wrong body part or leaving a foreign object inside of a patient’s body such as a sponge are completely preventable mistakes. They are commonly called “never events.”
  • Labor and delivery errors – Mistakes that medical professionals make before, during and after a child’s delivery can cause birth injuries that lead to permanent health problems. Many children suffer from cerebral palsy, for instance, due to oxygen deprivation during birth.
  • Medication errors – Patients may suffer severe illness or death if they receive the wrong dose of medication or the wrong type of medication. Errors can occur when a doctor prescribes a drug, a pharmacist fills out the prescription or when a nurse or other health care worker administers the medication.
  • Anesthesia errors – A patient can suffer serious harm if the patient receives too much or too little anesthesia during an operation. An anesthesiologist may also fail to check what other medications a patient is taking, which can lead to a negative reaction to anesthesia.
  • Emergency room errors – Many errors occur when emergency room doctors and nurses try to rush through the diagnosis and treatment of patients. In many cases, injuries result from ER workers’ failure to communicate information about a patient during shift changes or patient handoffs.
  • Hospital infections – Medical professionals spread harmful bacteria if they use unclean equipment or simply fail to wash their hands or use sterilized gloves when they work with patients.

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 like communication failure resulting that a hospital or clinic to change its policy and practice, which prevents other patients from being harmed in the future.

How Do I Pursue a Medical Malpractice Claim?

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.

What Compensation Can You Recover in a Medical Malpractice Lawsuit?

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:

  • Past and future medical expenses
  • Loss of income and diminishment of future earning ability
  • Physical pain and emotional suffering
  • Punitive damages
  • Wrongful death damages (including loss of financial support).

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.

An Experienced Charlottesville Medical Malpractice Attorney Can Help You

If you believe that you or a loved one suffered harm due to medical malpractice, contact Kendall Law Firm today to discuss your case. We will provide a free and confidential consultation, with no strings attached. When you work with our law firm, we will also charge you no fees unless we recover compensation for you. We can serve you from our firm’s multiple locations in Central Virginia and the Shenandoah Valley. To learn more, call or connect with us online today.

Call Us. We are here for you.

We are here for you.

Get a free consultation today. Call us before you speak with the insurance adjuster.