Best Richmond. VA Medical Malpractice Attorney website. Before you talk to any adjuster or lawyer, take two minutes and get some good information at our site.

Webster’s Dictionary says Malpractice is “failure of a professional person, as a physician or lawyer, to render proper services through reprehensible ignorance or negligence or through criminal intent, esp. when injury or loss follows; (2). any improper, negligent practice; misconduct or misuse.”

Each year, Richmond-area hospital patients suffer from medical mistakes which result in serious injuries. Nationally, a 2004 Harvard Medical Practice Study estimates that, each year, more than 180,000 people die because of medical mistakes. Public Citizen, non-profit organization which advocates the rights of consumers, estimates that, each year, 1.3 million injuries are caused by negligence, and that more than two-thirds of these injuries are preventable.

Far too many Americans are injured or killed due to medical mistakes. In November 1999, the Institute of Medicine (IOM) released a report estimating that about 98,000 patients die each year as a result of medical errors in hospitals. Add to this the number of unreported mistakes made in other healthcare settings (physicians’ offices, urgent care centers, nursing homes, pharmacies and home care) and the amount of medical malpractice becomes staggering. In addition to the high costs of medical mistakes in terms of lives and quality of life, our nation pays an estimated $17 billion per year in costs due to preventable errors.

Medical malpractice is professional negligence by act or failure to act by a health care provider in which care provided deviates from accepted standards of practice in the medical community and causes injury or death to the patient.  It is the failure of a medical professional (doctor, a nurse, a medical technician) or a medical facility to provide a minimum standard of care in the areas in which the medical professional or medical facility specializes. A medical facility may be a hospital (such as MCV, St. Mary’s Hospital, Chippenham Johnson Willis Hospital, Memorial Regional Hospital, Children’s Hospital, Henrico Doctors Hospital), nursing home, clinic or another facility where medical care is provided.. If the medical attention fails to meet the standard of good medical practice and harm results to a patient, the medical professional or medical facility may be liable for any resulting damages.

In legal terms, healthcare professionals are only required to meet a standard of care that is ordinary or normal. When a physician is determined to be negligent, it means that he or she has failed to use the same degree of skill and learning, under the same or similar circumstances, that are used by other members of the medical profession. Some of the most common ways that medical malpractice occurs is through failure or errors in timely diagnosis and ordering appropriate treatment, ordering necessary tests and proper medication, consulting with specialists, and surgical procedures.

In layman’s terms, malpractice in Virginia is when a medical professional (doctor, nurse, etc.) fails to provide the level of care and/or service that the professional should have provided. Sadly, people are not perfect and make mistakes. Sometimes those mistakes are so bad, that they are indeed “malpractice.”

It is important to note however, that simply because a doctor or lawyer has made a mistake, does not mean you have a lawsuit. Under Virginia law, you can ONLY file malpractice lawsuit if (1) the professional was negligent AND (2) that negligence alone, caused you to suffer great harm.

FREE Medical Malpractice Case Review

Contact us now for a FREE conversation about your medical malpractice case. There is no obligation to hire a lawyer.  We are usually retained on a contingency fee basis. There is no fee until our personal injury attorneys successfully recover fair compensation for you. Call 1-800-372-4099

If we are able to prove your medical malpractice case and the medical provider is found negligent, then you are entitled to recover “damages.” Damages are intended to help you return to the condition you were in prior to the injury. There are several forms of damages that you may recover in a medical malpractice award – economic (for lost wages or medical expenses), non-economic (for pain and suffering), or punitive (to punish reckless behavior) damages. You may also receive compensation for future medical expenses and loss of future earnings. Punitive damages occur only in rare cases when it is proved that the medical practitioner had malicious intent.

In Virginia the insurance companies are protected by Virginia’s cap on medical malpractice damages, which is $2 million for malpractice that happened after July 1, 2008.  There is also a $350,000 cap on punitive damages. The punitive damages are in addition to the med mal cap, so the maximum possible to collect is $2,350,000. This sounds like a lot, but this amount is rarely awarded and if it is the damages must be truly horrible and must provide for the victims care for the rest of their lives.

Insurance companies will spend any amount of money to defend a case.  They will search high and low for experts to defend the care of their doctors. Insurance companies have limitless amounts of money that enables them to expert witness shop and choose a doctor who is willing to go out on a limb to defend the case.

O’Bryan Law Firm helps victims of medical malpractice and negligence all over the state of Virginia. From northern Virginia, to the Richmond metro area to southside Virginia and to tidewater. Call us and get decades of legal experience to help with your case.

Some of the types of case we handle include:

Health care professionals (doctors, nurses, surgeons, specialists, laboratories, pharmacies), Health care institutions (hospitals, emergency care centers, nursing homes, acute care facilities), Anesthesia, Aneurysm, Bariatric surgery, Bile duct injury, Birth asphyxia, Birth injuries/defects, Birth-related neurological injuries, Bleeding, Brachial plexus injury, Cancer, Cerebral palsy, Drug overdose, Gastric bypass surgery (stomach stapling), Heart attack, Hemorrhage, Hypoxic brain injuries, Infection, Kidney Damage, Paralysis, Renal Disease, Sepsis, Septic Shock, Spinal cord injury, Stroke, Traumatic brain injuries.


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O’Bryan Law Firm is located in Richmond, VA, and serves the following counties, cities and towns:

Richmond: Church Hill, The Fan District, Near West end, Far West End, Jackson Ward, Carver, Southside, North side, Barton Heights, Bellevue, Ginter Park, Washington Park, Hermitage Rd, Highland Park, Sherwood Park, East End, Carytown, Museum District, Court End, Fulton Hill, Manchester, Newtowne West, Oregon Hill, Randolph, The River District, Shockoe Bottom, Three Corners District, Tobacco Row, Shockoe Slip, Union Hill, Westover Hills, Forest Hill, Bon Air, Stratford Hills, Meadowbrook, Woodland Heights, Montrose Heights, Fairfield Court, Creighton Court, Whitcomb Court, Mosby Court, Eastview, Brauers, Peter Paul, Woodville, North Church Hill, Chimborazo, Brandermill, and Oakwood. Henrico County: Chamberlayne, Dumbarton, East Highland Park, Glen Allen, Highland Springs, Lakeside, Laurel, Montrose, Short Pump, Tuckahoe, Wyndham, Sandston, Varina, Westhampton. Chesterfield County: Bellwood, Belmont, Bon Air, Brandermill, Chester, Courthouse, Enon, Ettrick, Genito, Gordon, Harrowgate, Hening, Jefferson Davis North, Manchester, Matoaca, Meadowbrook, Midlothian, Reams, Robiou, Rockwood, Salisbury, South Rockwood, Spring Run, Winterpock, Woodlake. Hanover County: Ashland, Atlee, Beaverdam, Doswell, Elmont, Hanover Courthouse, Mechanicsville, Montpelier, Old Church, Rockville.  Petersburg. South Boston. Colonial Heights. Hopewell. South Hill. Farmville. Powhatan County: Ballsville, Beaumont, Belona, Chestnut Oaks, Clayville, Dorset, Fin Creek Mills, Flat Rock, Genito, Goode Crossing, Hatchers, Hideaway Lake, Holly Hills, Huguenot, Huguenot Springs, Jefferson, Lilburn, Macon, Michaux, Moseley, Pilkinton, Plain View, Powhatan, Provost, Red Lane, Smiths Crossroads, Subletts, Tobaccoville, Trenholm, Worshams. Amelia County: Amelia Courthouse, Winterham. Caroline County: Bowling Green, Port Royal Mecklenburg County: Boydton, Brodnax, Chase City, Clarksville, La Crosse, Bracey. Halifax County: Clarksville, Halifax, Scottsburg, Virginia, Clover, Cluster Springs, Cody, Nathalie, Omega, Turbeville, Vernon Hill. Lunenburg County: Kenbridge, Victoria, Lunenburg, Meherrin. Prince Edward County: Farmville, Pamplin City, Prospect, Hampden Sydney, Meherrin, Rice. Nottaway County: Blackstone, Burkeville, Crewe, Nottoway.