When a doctor’s mistake causes harm, those affected typically have the right to take legal action. If you suffered injuries or losses because of a healthcare provider’s negligence, you may be asking, What happens in a malpractice lawsuit?
Medical malpractice happens when a medical provider fails to meet the accepted standard of care, and that failure results in injury or loss. Virginia sees hundreds of these cases each year, but most never make it to court. Still, knowing what happens during the process can help you decide what to do.
Read on to learn more about the process of obtaining compensation. You’ll learn what needs to be proven, how long you have to file, and what happens before and after a lawsuit begins. You’ll also learn how these cases often resolve and what kind of compensation you might receive, as well as how an attorney can help improve your chances of obtaining the best outcome possible.
If you or a close family member has suffered due to medical negligence, contact a abogado de negligencia médica near you for a free consultation.
Programe una consulta gratuita
What are the essential elements of a medical malpractice case?
Not every bad medical outcome counts as malpractice. A successful case needs four main pieces. Each one builds on the next.
Doctor-patient relationship
A doctor has to agree to treat you before any legal duty exists. This relationship can form in a hospital, clinic, or even during telehealth visits. Once that relationship starts, the provider owes you a legal duty to act with reasonable care.
Breach of the standard of care
Doctors are expected to act like other reasonably careful providers in their field. If a provider does something no other reasonable doctor would do, or fails to do something most would, this may count as a breach of the standard of care.
Causation between breach and injury
A bad outcome must connect directly to what the provider did wrong. If the mistake didn’t actually cause your injury, the case may fall apart. Lawyers often rely on registros médicos, expert opinions, and timelines to show this link.
Damages and harm suffered
Your attorney also needs to show that you suffered harm. That harm might include added medical bills, time off work, or changes in your daily life. Without real damages, even a clear medical mistake won’t lead to a successful claim.
How long do you have to file a malpractice lawsuit in Virginia?
Deadlines can make or break your case. Virginia has strict rules about how much time you have to act.
El estatuto de limitaciones de dos años de Virginia
In most situations, you have dos años from the date of the injury to file a lawsuit. If you miss that window, your case could be dismissed, no matter how strong the facts are.
Discovery rule exceptions
Sometimes, patients don’t know right away that a provider made a mistake. In cases involving hidden objects left in the body or delayed diagnosis, the clock may start when the injury is discovered, not when it happened.
Special circumstances that may extend deadlines
Virginia law gives extra time in some situations. Children may have more time, and certain claims against the state or its employees might have different rules. An attorney can help you figure out exactly how much time you have left.
The pre-lawsuit investigation process
Before filing anything in court, attorneys and clients spend time reviewing the facts. This phase helps determine whether a lawsuit makes sense.
Medical record review and analysis
Lawyers begin by gathering medical records. They’ll study what happened before, during, and after the care in question. This review often reveals red flags, like missing tests or signs of ignored symptoms.
Consultation with medical experts
Virginia requires a written opinion from a qualified healthcare provider before filing a malpractice lawsuit. That means lawyers usually reach out to medical professionals to confirm that a breach likely occurred.
Determining case viability
After reviewing the facts and opinions, the attorney decides whether the case has enough legal support to move forward. This protects both the patient and the court system from cases with no real evidence.
Informal settlement negotiations
Sometimes, lawyers try to resolve things early by contacting the provider’s insurance company. If the insurer agrees that the mistake caused harm, they might offer a settlement. But often, they deny responsibility, and the lawsuit must be filed.
What happens when a malpractice lawsuit is filed?
Once the lawsuit begins, the legal process shifts into a more formal stage with court deadlines and legal filings.
Drafting and filing the complaint
The complaint explains who is being sued, what happened, and what damages the patient is claiming. This document starts the lawsuit and is filed with the court.
Service of process on defendants
After the complaint is filed, the defendants, usually the healthcare provider and their employer, must be officially served. This means delivering the papers in a way that follows court rules.
Defendant’s response and answer
The defendants must respond, usually within a few weeks. Their answer will admit or deny the allegations and may include legal defenses or reasons why they believe the claim should be dismissed.
Case scheduling and timeline
Courts then set a timeline for the case. This schedule includes deadlines for exchanging evidence, holding depositions, and filing motions. It also sets a trial date, which can be many months or even years away.
The discovery phase explained
Discovery is the part of the case where both sides gather and share evidence. It helps everyone prepare for trial or reach a settlement.
Document production and medical records
Each side asks the other for documents, including patient charts, treatment notes, and billing records. Lawyers may also request emails, policies, and other internal documents from the hospital or provider.
Depositions of parties and witnesses
Depositions are sworn interviews. They usually take place in a law office, but can also happen in conference rooms or other locations. Attorneys ask questions, and a court reporter records the answers. These sessions help lock in witness testimony and uncover new information.
Expert witness disclosure and reports
Each side must name the medical experts they’ll use at trial. These experts write reports explaining their opinions about what happened and why it matters.
Independent medical examinations
In some cases, the defense may ask the patient to see another doctor for an exam. This helps the defense try to dispute the injury or its connection to the alleged malpractice.
How do medical malpractice cases typically resolve?
Very few malpractice cases go all the way to trial. Many settle during or after discovery.
Settlement negotiations and mediation
Once both sides understand the evidence, settlement talks usually begin again. Mediation may involve a neutral third party who helps guide the conversation. If the provider’s insurance company continues to deny responsibility or lowballs the offer, the case moves forward.
Trial preparation and jury selection
If settlement talks fail, both sides prepare for trial. This includes writing legal briefs, preparing witnesses, and selecting a jury from the community. Jury selection helps ensure that the people hearing the case are fair and unbiased.
Presentation of evidence at trial
At trial, each side presents evidence and arguments. The injured patient goes first. Their lawyer calls witnesses and uses documents and visuals to explain the claim. The defense then presents its case and tries to cast doubt on the allegations.
Verdict and potential appeals
After both sides finish, the jury makes a decision. They either find the provider liable and award damages, or they decide the provider should not be held responsible. Either side can appeal the result if legal mistakes occurred during the trial.
What types of damages can you recover?
Compensation depends on the harm caused by the malpractice. Virginia law puts some limits on how much a patient can recover, but several categories still apply.
Economic damages (medical bills, lost wages)
These include out-of-pocket costs like hospital bills, follow-up treatment, physical therapy, and lost income. If the injury reduces your ability to work, future earnings may also be part of the claim.
Non-economic damages (pain and suffering)
This covers the personal impact of the injury. It may involve long-term discomfort, loss of enjoyment of life, and the strain that comes from living with new limitations.
Virginia’s damage caps and limitations
Virginia limits how much a patient can recover for total damages in medical malpractice cases. The cap increases every year and applies even if a jury awards more.
Future care and rehabilitation costs
Serious injuries may require long-term treatment. That could include surgeries, home health care, mobility aids, and other ongoing needs. These future expenses can be built into the damages claim.
Common challenges in malpractice litigation
Even with strong evidence, malpractice cases come with obstacles. These issues often slow down or complicate a case.
Proving standard of care violations
Doctors rarely admit to mistakes, and the standard of care can depend on the circumstances. Lawyers must show exactly how the provider fell short and how a reasonable doctor would have acted instead.
Establishing medical causation
The defense often argues that the patient’s injury would have happened anyway. Showing a direct link between the mistake and the harm takes careful medical analysis and strong testimony.
Dealing with multiple defendants
Hospitals, surgeons, nurses, and even outside labs might all be involved. Coordinating claims against several providers requires careful legal planning and strategy.
Insurance company defense tactics
Insurance companies often delay, deny, or downplay claims. They may question the injury, blame the patient, or hire their own experts to argue against liability. These tactics are designed to pressure injured people into walking away or accepting far less than they deserve.
How our attorneys can help
At Allen & Allen, we’ve handled casos de negligencia médica across Virginia for decades. We’re ready to help you pursue compensation when medical care goes wrong.
Comprehensive case evaluation and investigation
Our attorneys dig into the facts, gather the records, and work with trusted medical professionals to find out what happened. We build strong cases with solid evidence.
Access to qualified medical experts
We work with doctors who understand the field and are willing to review your case. These professionals help explain how care went off track and what should have been done differently.
Negotiation skills and trial experience
When insurance companies try to avoid accountability, we stand firm. Our lawyers know how to negotiate fair settlements, and we’re fully prepared to present your case in court if necessary.
No upfront costs with contingency fee arrangements
You don’t pay unless compensation is recovered. That means we take on the risk while you focus on healing and rebuilding your life.
Personalized attention throughout your case
We don’t treat clients like case numbers. We take the time to answer your questions, keep you updated, and support you every step of the way.
Frequently asked questions about medical malpractice claims
Can I sue for a misdiagnosis?
Yes. If a diagnóstico erróneo caused you to miss treatment or worsened your condition, you may have a malpractice case.
What if the malpractice occurred at a hospital?
Hospitals can be held responsible for the actions of their staff. Sometimes they’re named directly in the lawsuit, depending on who was involved.
How much does it cost to hire a malpractice attorney?
At Allen & Allen, you don’t pay any legal fees unless compensation is recovered. Initial consultations are free, so there’s no risk in reaching out.
What if I signed a waiver before treatment?
A waiver doesn’t protect providers from lawsuits when care falls below the accepted standard. Many waivers cover only known risks, not preventable errors.
Can family members file a wrongful death claim?
Yes. If malpractice led to the death of a loved one, certain family members may be able to file a wrongful death lawsuit in Virginia.
Contact our medical malpractice lawyers in VA today
Delays can put your case at risk. Medical records can disappear, memories fade, and legal deadlines close the door for good. At Allen y Allen, nuestros abogados make every client’s fight their fight. We work hard to pursue the full compensation our clients deserve, whether through a settlement or courtroom verdict.
With decades of experience handling Virginia malpractice claims, we know what it takes to build a strong case. You don’t pay upfront, and we don’t get paid unless you receive compensation.
If you or someone you love suffered harm because of medical care in Virginia, Contáctenos now to schedule a free consultation. Let us help you hold the responsible party accountable and move forward with confidence.