What is “Informed Consent” and How Does it Work in Medical Malpractice?


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

Before your doctor performs any procedure on you, he has an obligation to obtain “informed consent.”  Broadly speaking, he must obtain your consent to perform the procedure, but must provide you with enough information that your consent is informed with regard to understanding the procedure itself, its purpose, its likely outcome, and – most important – the risks of the procedure. 

Typical risks of surgeries, for example, include the risk of infection, blood clot and bleeding.  Typical risks of anesthesia include allergic reaction, lung damage and death.  Just exactly how much information should be disclosed and in…

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Blood Thinner Eliquis Results In Bleed Injuries in Virginia


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

Blood thinner Eliquis (also known as Apixaban) has been linked to causing uncontrolled gastrointestinal or intracranial bleeding in patients who were taking the drug. Eliquis has been prescribed to control clots related to atrial fibrillation. The drug has also been used for the prevention and treatment of deep vein thrombosis (DVT) and pulmonary embolism (PE).

Other injuries from Eliquis include rectal bleeding, intestinal bleeding and brain hemorrhaging. Other drugs included in this new group of anticoagulants called direct thrombin inhibitors are Pradaxa, Xarelto, Zontivity and Savaysa.


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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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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 – 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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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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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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The Risks of Routine Surgery


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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Statute of Limitations in Medical Malpractice Cases in Virginia

Malcolm P.

How long do I have to file a medical malpractice suit in Virginia?

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

You went to the doctor for treatment or for some procedure. You believe that the doctor who treated you may have done something wrong that resulted in a worse outcome for you, and may have committed medical malpractice. You decide that you simply don’t have the time or energy right now to consult a lawyer and pursue any claim you have against the doctor, and that you will wait until you feel better to do anything about it.  You should be aware, however, that you should not wait too long, because your claim is subject to a deadline known as a “statute of…

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Allen & Allen is ranked Tier 1 in Best Law Firms 2014 by US News & World Reports

On November 1, 2013, U.S. News Media Group and Best Lawyers® announced that the Virginia law firm of Allen & Allen has been honored with a Tier 1 ranking in “Best Law Firms” for Personal Injury Litigation and Medical Malpractice – Plaintiff’s in Richmond, Virginia. The "Best Law Firms" rankings will be published in US News & World Reports later in November. The 2014 “Best Law Firms” list recognizes firms for professional excellence with persistently impressive ratings from clients and peers and signals a unique combination of quality law practice and breadth of legal expertise.

Over 12,000 attorneys provided over 330,000 law firm assessments on which the 2014 Best Law Firms rankings were…

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