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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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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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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Do You Text When You Drive? For What It’s Worth, You Should Know The Law

Do U txt when U drive? FWIW, U shud no the law.

Author: Malcolm P. McConnell, III, Richmond Injury Attorney

On July 1, Virginia law changed and anyone who is tempted to text while driving should take heed: Before the change, texting while driving was what is called a “secondary offense,” meaning that a driver had to be stopped for some other offense before he could be charged with texting and driving. However, as of July 1, texting while driving is a PRIMARY offense, allowing police to stop drivers who are merely suspected of texting or reading text messages while driving.

The new law is Va. Code Ann. § 46.2-1078.1.[1] It provides, in pertinent part:

A. It is unlawful…

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Malcolm McConnell Named Lawyer of the Year - Best Lawyers 2013 Richmond Medical Malpractice Law - Plaintiffs

September 12, 2012 - The personal injury law firm of Allen, Allen, Allen & Allen is proud to announce that Malcolm P. "Mic" McConnell, III has been named Best Lawyers' 2013 Richmond Medical Malpractice Law - Plaintiffs Lawyer of the Year. The honor is an indication of the high level of respect Mic McConnell has earned among other leading lawyers in the Medical Malpractice community for his abilities, professionalism and integrity.

Best Lawyers® began designating "Lawyers of the Year" in high-profile legal practice areas in 2009. The honor is significant because only a single lawyer in each practice area and designated metropolitan area is honored as the "Lawyer of the Year." The winners are selected based…

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Meet Virginia Medical Malpractice Attorney Malcolm P. "Mic" McConnell, III - VIDEO

Mic McConnell is the lead medical malpractice lawyer for the Allen Law Firm's Medical Malpractice Team. With over 20 years of experience, he is a strong advocate for his clients and their families. Mic's successful litigation of cases in a wide variety of medical malpractice specialties has earned him a listing in Best Lawyers in America and Virginia Super Lawyers. He is certified in medical malpractice law by the American Board of Professional Liability Attorneys and frequently lectures to attorney associations across the United States on effective trial tactics. To learn more about Mic, visit: http://www.allenandallen.com/malcolm-p-mcconnell.html

Video: http://youtu.be/nj4JJ4C8lQc

Video Transcript: I am Mic…

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Why are Medical Malpractice Cases so Difficult? (And so Expensive?)

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

 As the lead attorney of the Allen Medical Malpractice Team, I enjoy being able to answer questions and serve as a resource for the community.  Of course, I especially enjoy helping  people who are wondering whether they have legitimate medical malpractice claims.  Each time I am contacted by a potential client, I am able to rely on my experience and judgment to counsel them about their potential claims, and each time I must  make my own choice about whether or not a particular case should be pursued.  Obviously, I have an obligation to limit my practice to cases with merit and to cases which I believe are likely to succeed.

How…

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Product Safety: Who is responsible for today's safer products?

Author: Attorney Malcolm P. McConnell, III

On a recent, late autumn afternoon, I was mowing my lawn for the last time this year.  As I reached the edge of my yard, I attempted to turn the lawnmower around to cut the next strip of grass.  The lawnmower stuck a large stick that had fallen from a tree and it stopped moving abruptly, causing me to stumble and fall over and in front of the lawnmower.

As I fell, I let go of the lawnmower handle, releasing the spring-loaded lever that killed the engine.  By the time I hit the ground, the engine was off and the blades were no longer turning.

I stood up, unharmed (but a bit embarrassed) by my fall, and realized that only the safety features in the…

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