When a healthcare provider fails to meet the standard of care, serious harm can result. If you or a loved one has suffered injury due to medical negligence, a Fairfax medical malpractice lawyer from CHASENBOSCOLO can help you pursue compensation. Medical errors occur regularly, and victims have the right to hold negligent providers accountable. We understand the physical, emotional, and financial impact that medical malpractice has on families. Our team is here to help you through the legal process.
Why Choose CHASENBOSCOLO for Your Fairfax Medical Malpractice Case
CHASENBOSCOLO has represented injury victims since 1986. Our team of 30+ attorneys brings over 1000 jury trials and decades of combined experience to every case. We have recovered more than $1.1 billion for our clients.
Our attorneys include multiple Super Lawyers and AV-rated professionals. Many are members of the Million Dollar Advocates Forum. These recognitions reflect our history of obtaining settlements and verdicts for clients.
Benjamin T. Boscolo, our CEO and shareholder, has been recognized as a Super Lawyer since 2006. He received the Maryland Trial Lawyer of the Year award in 2015. Tom Teodori, another shareholder, has tried approximately 80 jury trials. He is a member of the Million Dollar Advocates Forum. John Everett, also a shareholder, received the Maryland Trial Lawyer of the Year award in 2019. He is recognized as a Super Lawyer.
We work on contingency. You pay nothing unless we win your case. Our Fairfax office is located at 8280 Willow Oaks Corporate Drive, Suite 810. We are available 24/7 to discuss your case. Call (301) 220-0050 to schedule \your free consultation.
What Constitutes Medical Malpractice in Fairfax
Medical malpractice occurs when a healthcare provider fails to provide care that meets an acceptable standard of professional practice. This failure must cause injury to the patient. To prove medical malpractice, you must establish four key elements:
- Duty of Care: The healthcare provider had a professional duty to treat you. A doctor-patient relationship creates this duty.
- Breach of Duty: The provider failed to meet the standard of care expected in their field. Their actions fell below what a competent professional would do in similar circumstances.
- Causation: The breach caused your injury. You must show a connection between the provider’s negligence and your harm.
- Damages: You suffered measurable harm. This includes medical expenses, lost wages, pain and suffering, and permanent disability.
Not every negative outcome in medicine constitutes malpractice. Medical professionals are held to a reasonable standard of care. However, when a provider’s actions fall below what a competent professional would do in similar circumstances, you may have a valid claim. Understanding negligence in personal injury cases helps establish the foundation for your medical malpractice claim. Our Fairfax personal injury lawyers have extensive experience proving negligence in complex medical cases.
Common Types of Medical Errors in Fairfax, VA
Medical errors take many forms. Understanding the type of negligence you experienced helps us build your case.
Surgical Errors
Surgical mistakes include operating on the wrong site. They also include leaving instruments inside the patient. Anesthesia errors and unnecessary procedures also occur. These errors often result in serious complications or infections. Additional surgeries may become necessary. A surgeon who operates while impaired may be liable. Failure to follow proper sterilization procedures creates liability. Mistakes during a procedure may also result in liability for resulting injuries. Surgical negligence claims require expert testimony to establish the standard of care.
Misdiagnosis and Delayed Diagnosis
When a doctor fails to diagnose a condition, treatment is delayed or never provided. An incorrect diagnosis also delays proper treatment. This is particularly serious with cancer, heart disease, and infections. Early detection saves lives. A physician who misreads test results may be responsible. Failure to order necessary tests creates liability. Ignoring patient symptoms may result in liability for harm caused by delayed or missed diagnosis. Victims of misdiagnosis deserve compensation for the additional harm caused by delayed treatment.
Medication Errors and Anesthesia Injuries
Prescribing the wrong medication causes severe harm. Incorrect dosages create dangerous situations. Drug interactions can be life-threatening. Anesthesia errors during surgery can lead to brain damage. Paralysis or death may result. These errors may occur during prescription, dispensing, or administration of medication. Victims of brain injuries from medical negligence deserve full compensation for their losses.
Recoverable Damages in Fairfax Medical Malpractice Cases
If you win your medical malpractice case, you may recover compensation for several types of damages:
- Medical Expenses: Past and future healthcare costs related to the injury. This includes surgery, rehabilitation, therapy, and ongoing treatment.
- Lost Wages: Income lost due to recovery time or permanent disability. This includes reduced earning capacity.
- Pain and Suffering: Compensation for physical pain and emotional distress caused by the injury.
- Permanent Disability: Additional damages if the injury causes lasting impairment or loss of function.
- Loss of Enjoyment of Life: Compensation for reduced quality of life. This covers the inability to participate in activities you once enjoyed.
Virginia law allows victims to pursue these damages. Specific rules apply to how damages are calculated. Our team works to seek compensation for your losses. Understanding what your case is worth helps you evaluate settlement offers.
The Medical Malpractice Claim Process in Fairfax, VA
Understanding what to expect helps you prepare. The medical malpractice process typically involves several stages:
- Initial Consultation: We review your case and determine whether you have a valid claim. This consultation is free and confidential. We ask about your medical history, the treatment you received, and the injuries you suffered.
- Investigation: We gather medical records and consult with medical professionals. We build evidence of negligence. This is a phase where we determine whether the provider’s actions fell below the standard of care.
- Review: Medical professionals evaluate whether the provider’s actions fell below the standard of care. These individuals provide professional opinions about what should have happened.
- Demand Letter: We present our findings to the defendant’s insurance company. We request compensation. This letter outlines the facts of your case and the damages you suffered. Learn more about what happens after your lawyer sends a demand letter.
- Negotiation or Litigation: Many cases settle during negotiation. If a settlement is not possible, we take your case to trial. Our attorneys have extensive trial experience. We are prepared to represent you in court.
The statute of limitations in Virginia generally gives you two years from the date of injury. This applies to discovery of injury as well, though specific Virginia statutes (such as Va. Code § 8.01-243) govern these deadlines. You must file a medical malpractice claim within the applicable timeframe. Missing this deadline means losing your right to seek compensation.
Frequently Asked Questions About Medical Malpractice
Contact CHASENBOSCOLO for A Free Consultation About Your Fairfax Medical Malpractice Claim
You do not have to handle a medical malpractice claim alone. CHASENBOSCOLO is ready to help you seek the compensation you deserve. Call (301) 220-0050 today to schedule your free, confidential consultation. Do not wait to protect your legal rights. Our Fairfax office is located at 8280 Willow Oaks Corporate Drive, Suite 810, Fairfax, VA 22031. We are available 24/7 to help you. Contact our experienced medical malpractice attorneys in Fairfax, VA, today.