The Low Ceiling: Virginia’s Harsh Limits on Medical Malpractice Damages

Author: Jason W. Konvicka, Richmond, VA Medical Malpractice Attorney

The medical malpractice system is a vital part of patient protection in American health care. However, in recent years many states have pushed through harsh limits on the amount of compensation a patient injured through a doctor’s negligence can receive. These damage caps set a specific number that any jury award will automatically be reduced to, regardless of the severity of the patient’s injuries.

In Virginia, that number is currently just above $2 million.[1] It increases slightly every year to account for inflation, but the Commonwealth’s damage cap is still one of the strictest in the country. Furthermore, Virginia has taken…

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Medical Malpractice – Gross, Indeed: New Standards for Negligence Fail to Deliver Promised Benefits

By: Jason W. Konvicka, Richmond, VA Medical Malpractice Lawyer

Medical malpractice has always been a buzzword for disagreement and controversy, and a new study released by the New England Journal of Medicine seems likely to fan the flames for a fresh round of debate. The issue of medical malpractice is inextricably linked with the high cost of health care and the question of who deserves the blame for that cost. The medical industry would like people to believe that lawyers are at fault, forcing doctors to drive up the cost of health care with unnecessary tests and diagnostics to protect themselves from lawsuits. However, that idea is now being challenged by new research.[1]

The study in question…

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Guardrail Endcap Company Convicted of Fraud; Government Calls for Additional Testing Amid Safety Concerns

Author: Jason W. Konvicka, Personal Injury Attorney, Richmond, VA

Readers Note: Allen and Allen is actively investigating cases involving injuries resulting from ET-Plus guardrail endcaps. If you or a loved one has been injured by a guardrail during an accident, you may need an attorney to represent your interests. Allen and Allen offers free consultations to potential cases. Call us at 866-388-1307.

A major piece of highway safety equipment could be hiding a dangerous defect. No fewer than seven states have now banned further installation of the ET-Plus guardrail head as the Federal Highway Administration sent the system back to the crash course for additional testing. Virginia…

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Virginia Lawmakers Issue Ultimatum to Guardrail Company

Author: Jason W. Konvicka, Personal Injury Attorney, Richmond, VA

Readers Note: Allen and Allen is actively investigating cases involving injuries resulting from ET-Plus guardrail endcaps. If you or a loved one has been injured by a guardrail during an accident, you may need an attorney to represent your interests. Allen and Allen offers free consultations to potential cases. Call us at 866-388-1307.

Most of us probably take the guardrails by our highways for granted, but Virginia lawmakers are now saying that fraud and deception could have turned them into serious safety risks. In a letter to Trinity Industries (the maker of the endcaps on many of Virginia’s guardrails), the Virginia…

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Brake Safety: Valuable Tips and Tests to Ensure Safe Operation

Author: Jason W. Konvicka, Personal Injury Attorney, Richmond, Virginia

Summer is a busy driving season when families enjoy long trips to the beach, mountains, or to visit with extended family and friends.  Although most road trips end safely, it is important to make sure that your vehicle is well maintained before any outing, particularly a long drive.  Brakes are one of the most important parts of any vehicle.  Thankfully, sudden and catastrophic brake failures are rare.  However, they can and do occur.  Here are some safety tips to keep in mind. 

Most instances of brake failure can be avoided with regular maintenance.  The old adage:  “an ounce of prevention is worth a pound of cure,” is particularly…

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GM Recall Continues to Grow

Jason W. Konvicka, Personal Injury Lawyer, Richmond VA

Allen & Allen is currently investigating claims for people who were injured or killed in accidents involving GM vehicles that were recently recalled due to defective ignition switches. If you or a loved one were injured in an accident involving one of those vehicles, please contact us today for a free consultation at 866-388-1307. 

Author: Jason W. Konvicka, Personal Injury Lawyer, Richmond VA 

The GM recall continues to grow, with the company announcing six new recalls involving 8.4 million more vehicles worldwide. These vehicles were found to have had the same problems as the earlier recalled vehicles, namely faulty ignition switches. Additionally,…

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General Motors Product Recall

Allen & Allen is currently investigating claims for people who were injured or killed in accidents involving GM vehicles that were recently recalled due to defective ignition switches. If you or a loved one were injured in an accident involving one of those vehicles, please contact us today for a free consultation at 866-388-1307.

Author: Jason W. Konvicka, Virginia Medical Malpractice Attorney

General Motors, one of the world’s largest and most respected automakers, announced in February that it was recalling nearly 1.6 million vehicles. At issue, a faulty ignition switch installed in certain cars manufactured between 2003 and 2007 has been linked…

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Dangers of Distracted Driving Summary: A New Study from the New England Journal of Medicine

Author: Jason W. Konvicka, Richmond Medical Malpractice Attorney

The dangers of distracted driving are well-documented. Many states, including Virginia, have taken steps to ensure that drivers don’t engage in activities such as texting while they drive. Importantly, texting-and-driving is only one of many so-called “secondary tasks” that drivers perform behind the wheel.[1] The National Highway Transportation Safety Authority (“NHTSA”) defines these “secondary tasks” as communications, entertainment, information gathering and navigation tasks not required to drive.[2] This includes taking on a cell phone, reaching for objects inside the car, eating, drinking and a wide variety of other activities drivers…

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The Risks of Routine Surgery

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Author: Jason W. Konvicka, Richmond Medical Malpractice Lawyer

Some of the most common surgeries performed in the United States are tonsillectomies, appendectomies, and cholecystectomies (gallbladder removal).[1]  The fact that surgeons perform these types of procedures every day doesn’t reduce a particular patient’s risk for complications.  According to Dr. Albert Wu, Director of the Center for Health Services and Outcomes Research at Johns Hopkins Bloomberg School of Public Health, the most common post-surgery complications include bleeding, infection, and damage to nearby tissue.[2]  Though serious complications are rare, there are factors that can increase a patient’s risk.  Having heart, lung, or…

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Daily Press: $25 million malpractice verdict against Riverside to be reduced to $2 million

Mathews County man wins medical malpractice case after suffering severe heart attack

By Peter Dujardin, pdujardin@dailypress.com | 247-47497:16 p.m. EST, February 15, 2013

HAMPTON -- A Mathews County man who had a severe heart attack months after being given Advil to treat his heart condition landed a $25 million verdict on Thursday from a jury in Hampton Circuit Court. According to the law firm that represented him, it's the largest ever medical malpractice verdict in Virginia and the largest personal inury verdict ever handed down in Hampton. But the verdict against Riverside Health System and one of its cardiologists won't stand. It's expected to be reduced to less than a tenth of the original amount because of a state…

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