Can I recover medical expenses even though my health insurance paid them?

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Author: Malcolm P. "Mic" McConnell, III, Virginia Medical Malpractice Attorney

Yes, you can.  Virginia law includes what is called the “collateral source” rule.  If someone is negligent and hurts you, there is no reason why he should get the benefit of health insurance that you paid for.  As the Supreme Court of Virginia has said, “A person who is negligent and injures another ‘owes to the latter full compensation for the injury inflicted[,] . . . and payment for such injury from a collateral source in no way relieves the wrongdoer of [the] obligation.’”[1] Thus, the wrongdoer’s obligation to you is not diminished by your receipt of insurance payments, social security benefits, public and private pension…

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2016 “Best Law Firms” ranks Allen, Allen, Allen & Allen

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U.S. News & World Report and Best Lawyers ® announced today that Allen, Allen, Allen & Allen has been ranked in the 2016 “Best Law Firms” as a Tier 1 Firm in Personal Injury Litigation and Medical Malpractice Law - Plaintiffs in Richmond, Virginia. 2016 “Best Law Firms” recognizes firms for a combination of quality law practice and breadth of legal expertise while receiving consistently impressive ratings from clients and peers. The rankings will be published in US News & World Reports and in local publications later this month.

2016 marked the sixth year for the “Best Law Firms” rankings. The rigorous evaluation process included the collection of client and lawyer evaluations…

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What is Medical Malpractice? - VIDEO

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Richmond, VA based medical malpractice attorney Malcolm P. McConnell answers the question "what is medical malpractice?"

Doctors are human; they’re allowed to make mistakes

 

Bad things sometimes happen during medical care, it doesn’t mean that there’s been medical malpractice or that the doctor did anything wrong. And it’s not medical malpractice if another doctor would have done things differently from the way your doctor did them. Doctors sometimes reasonably disagree on what the best approach to a patient problem is.

The doctor does something unreasonable

It’s medical malpractice when a doctor does something unreasonable, something no reasonable physician would have done under the circumstances.…

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Allen & Allen Attorneys Listed in Best Lawyers in America and as Lawyer of the Year in 2016

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The Allen Law Firm is pleased to announce that six Allen & Allen attorneys have been recognized in the 2016 edition of Best Lawyers in America. For more than thirty years, Best Lawyers has published their list of exemplary legal professionals and it has since become one of the highest respected peer-review publications.

Edward L. Allen was selected in 2016 Best Lawyers in America for Personal Injury Litigation – Plaintiffs in Fredericksburg, VA.  George Edward Allen, III, W. Coleman Allen, Jr. and P. Christopher Guedri were selected in 2016 Best Lawyers in America for Personal Injury Litigation – Plaintiffs in Richmond, VA, Malcolm P. McConnell, III was selected in 2016 Best Lawyers in America for Medical Malpractice Law…

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Capped Out: New Studies Show Damages Caps Are Doing the Damage

By: Malcolm P. McConnell III, Richmond, VA Medical Malpractice Attorney

Did you know that our legal system actually prevents some defendants from having to pay for the full value of the injuries they cause? Perhaps the most egregious example is medical malpractice caps, which prevent severely injured patients from obtaining a full recovery from doctors whose negligence has been proven. Even out-of- pocket expenses are limited by Virginia’s cap, so if a negligent doctor causes terrible harm, the cost of caring for his victim will be shifted to the taxpayers – to you – for the rest of the victim’s life. 

Proponents of caps on damages argue that such laws are necessary to limit the cost of health…

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Medical Malpractice - Don’t Get Defensive: New Study Reveals Doctors are Better People than They Give Themselves Credit For

By: Malcolm P. "Mic" McConnell, III, Virginia Medical Malpractice Attorney

Malcolm P. “Mic”  McConnell, III, Richmond Medical Malpractice Attorney

A study recently released by the New England Journal of Medicine offers groundbreaking new conclusions about the relationship between medical malpractice laws and the cost of health care. For decades the medical industry has placed the burden for high health care costs on the back of the legal community, citing the need to protect themselves from lawyers as the primary source of expensive extra tests and procedures.

Interestingly, it is doctors themselves that are the first to blame lawyers for the high standard of care their patients receive. They…

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Do Texting Bans Work? The Effectiveness of Laws That Target Texting While Driving

By: Malcolm P. “Mic”  McConnell, III, Richmond Medical Malpractice Attorney

Distracted drivers cause accidents every day. Many of these collisions result in serious or even fatal injuries on America’s roads and highways. Although many actions can take a driver’s attention off the road, texting while driving has become increasingly prevalent, especially among teenage drivers. As a result, many states have passed laws that impose fines on drivers who “text-and-drive.”

Delaware was the first state to pass such a law, which went into effect in April 2005.  Other states quickly followed.[1] Currently, 44 states ban drivers from texting while driving.[2] There are four kinds of texting bans:

(1)…

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Allen & Allen Attorneys Recognized in Best Lawyers in America and as Lawyer of the Year in 2015

The Allen Law Firm is pleased to announce that six Allen & Allen attorneys have been recognized in the 2015 edition of Best Lawyers in America. For over thirty years, Best Lawyers has published their list of exemplary legal professionals and it has since become one of the highest respected peer-review publications.

Edward L. Allen was selected in 2015 Best Lawyers in America for Personal Injury Litigation – Plaintiffs in Fredericksburg, VA.  George Edward Allen, III, W. Coleman Allen, Jr. and P. Christopher Guedri were selected in 2015 Best Lawyers in America for Personal Injury Litigation – Plaintiffs in Richmond, VA, Malcolm P. McConnell, III was selected in 2015 Best Lawyers in America for Medical Malpractice Law –…

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Worst Times to Check into a Hospital

Author: Malcolm P. McConnell III, Medical Malpractice Lawyer, Richmond VA

If you’ve scheduled a surgery or other procedure that requires hospitalization, you most likely have a lot of things to worry about: you might be worried about the risk that your hospital stay results in unforeseen complications; you might have concerns regarding the quality of care you will receive; you might have even started thinking about your options for post-hospital care. One thing you probably haven’t given much thought to, however, is how the date of your surgery might affect your risk of developing surgical post-surgical complications.

A recent study conducted by researchers at the University Medicine Berlin shows…

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Hitched Trailer Accidents

Author: Malcolm P. McConnell, III, Richmond Virginia Medical Malpractice Attorney

Thousands of people every day use trailer hitches to tow everything from recreational vehicles (RV’s) to livestock trailers. If drivers hitch their trailers properly and drive safely, then accidents involving hitched trailers are unlikely. Unfortunately, some drivers fail to follow proper hitching precautions, either negligently or intentionally. An improperly hitched trailer is more likely to become detached from the towing vehicle. After a trailer becomes detached from its towing vehicle, it becomes an uncontrolled “missile on the highway.”

Current estimates place the number of deaths caused by improperly hitched…

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