Medical Malpractice

Our Roanoke-based medical malpractice attorneys have successfully resolved cases across the Commonwealth of Virginia.  Here is some background on the work that we do.

What is Medical Malpractice?

Medical malpractice is a negligent act or omission of a doctor, nurse, hospital, or other healthcare provider which causes injury to a patient. In Virginia, the law requires all healthcare providers to abide by the standard of care, which means that they must treat a patient in the same way that a reasonably prudent healthcare provider would care for a patient under similar circumstances.

Healthcare providers are expected to acquire sufficient knowledge and skills to help the patients they treat. During the course of our lives, we frequently have to place our trust in the medical community. We rely on them to be properly trained and to act prudently when they care for us. Unfortunately, this is not always the case. Doctors and other healthcare providers are human. They make mistakes. But like the rest of society, they are still responsible for their actions and the injuries that they carelessly cause.

Our Experience in the Field

Our firm has successfully resolved cases involving the entire gambit of health care specialties, including:

  • Anesthesiology
  • Cardiology
  • Chiropractic medicine
  • Dentistry
  • Dermatology
  • Emergency Medicine
  • Family Medicine
  • Gastroenterology
  • General Surgery
  • Internal Medicine
  • Nephrology
  • Neurology
  • Neurosurgery
  • Nursing
  • Nursing Homes and Physical Rehabilitation Centers
  • Obstetrics and Gynecology
  • Ophthalmology
  • Orthopedic Surgery
  • Otolaryngology
  • Pain Management
  • Pediatrics and Pediatric Surgery
  • Pharmacology
  • Physical Medicine and Rehabilitation
  • Podiatry
  • Diagnostic and Interventional Radiology
  • Urology
  • Vascular Surgery
  • Wound Care

Each case is unique and dependent on its own facts.  But for some examples of our work, follow the link below.

Our Results

Where we serve

While we are a Roanoke-based firm, our medical malpractice attorneys have handled cases across Virginia, including the following localities:

  • Alleghany County
  • Augusta County
  • Bedford County
  • Bland County
  • Buchanan County
  • Charlottesville
  • Danville
  • Franklin County
  • Galax
  • Harrisonburg
  • Lexington
  • Lynchburg
  • Lunenburg County
  • Martinsville
  • Mecklenburg County
  • Montgomery County
  • Norton
  • Petersburg
  • Pittsylvania County
  • Prince Edward County
  • Pulaski County
  • Radford
  • Richmond
  • Roanoke
  • Roanoke County
  • Rockbridge County
  • Rockingham County
  • Russell County
  • Salem
  • Staunton
  • Smyth County
  • Spotsylvania County
  • Tazewell County
  • Washington County
  • Wise County
  • Wythe County

The life of a case.

The process of each case is unique.  But generally, our medical malpractice cases are handled in the following manner:

  1. Case investigation

Each case depends on its facts.  Therefore, the first step of the case is its factual investigation.  Often, this begins with speaking to the client over the phone or in-person.   The next step requires the client or the attorney to gather the patient’s medical records.  After the records are compiled, our medical malpractice attorneys review the records.  Once they have been reviewed, we will make a recommendation as to whether the case should be further investigated through the review of an expert witness.

  1. Expert witness review

Virginia law requires the vast majority of medical malpractice cases to be reviewed and certified by one or more medical experts before the lawsuit can commence.  So, the next step of the process consists of locating an appropriate medical expert, providing them the records, and receiving their opinions of the case’s merits.

  1. Filing the lawsuit

After our medical malpractice attorneys receive the required opinions, the lawsuit is drafted, filed, and sent to the defendant.  The defendant will typically respond to the lawsuit in a few weeks and it will generally deny the merits of the case.  Around this time or after written discovery has been completed, we typically will obtain a trial date to assist in the timely resolution of the case.

  1. Written Discovery

The parties will exchange written questions and requests for documents.  Our medical malpractice attorneys and staff will assist you in answering these questions.

  1. Depositions

Depositions are a question and answer session between a lawyer and a witness, where the witness is under oath to tell the truth.  The parties will take the depositions of each other’s witnesses.  Our medical malpractice attorneys will prepare you for your deposition and will be present for your deposition.

  1. Expert Witness Identification and Depositions

After the factual information has been investigated and exchanged, the parties will send designations or reports of their experts.  These documents include the opinions of the expert witness and the facts and bases that support them.

  1. Settlement or Trial

In some cases, the defendant will seek to resolve the case short of trial.  When this situation arises, our medical malpractice attorneys will (1) coordinate and represent you in a mediation where a third party assists in negotiating a settlement or (2) directly negotiate with opposing counsel to resolve the case.

In some cases, the defendant will not offer enough money to satisfy our client.  If that occurs, our medical malpractice attorneys will be prepared to try your case before a jury.

Why time matters.

If you or a family member have suffered an injury related to a healthcare provider’s care and you suspect that the healthcare provider was careless, you should contact an experienced medical malpractice attorney to investigate your case. Medical malpractice cases in Virginia have a statute of limitations— a restriction of the amount of time an individual has to file a lawsuit. Because it takes significant time to investigate a medical malpractice case, which includes the gathering and reviewing of medical records, it is important to begin the process as soon as possible.

Our medical malpractice attorneys have decades of experience in representing individuals and their family members in a wide variety of medical malpractice matters. Whether you are in Roanoke, Southwest Virginia, or beyond, you are welcome to contact us.