Did a Medical Mistake actually occur. It may not be medical malpractice, merely because you had a bad outcome. More pain, worse flexibility, unexpected side effects, are all possible in every medical procedure, even when done exactly right. There are no guarantees in medical care. However, sometime the mistake is real. It is obvious. No other doctor would have done it that way. No nurse in her right mind would leave that patient without additional protections. Only these unnecessary dangers to a patient’s health or safety are real medical malpractice cases in Virginia
What’s more, the fact that something went wrong and “might have” caused a bigger problem is not a real case in Virginia medical malpractice law. “Could have” will not get you a big verdict. It won’t even support a valid case. Your case has to be based only on what DID HAPPEN. Virginia medical malpractice cases depend on actual damage and injury, not potential harm, even when the procedure was done wrong. Make sure you actually have something to claim before you decide to contact a Virginia medical malpractice attorney.
You didn’t suffer Substantial Medical Damages. Let me explain. I once had a nice lady come to see me about what she contended was a botched surgery. The doctor had discovered he left a large pry bar inside her chest during a surgery. He discovered it about a year later, when she had a new X-ray for an unrelated procedure. It was quickly and carefully taken out. Well, the mistake seems simple and truly negligent. However, she had not felt any pain or suffered any medical expenses related to this error. She knew the outcome was bad, but there was no evidence of any substantial damage to her body or medical expenses that flowed from the removal procedure. After the removal, she had no ongoing complaints and no need for follow up care.
Likewise, if the doctor prescribed too much medication causing discomfort and illness for a few days, but after stopping the medication you had a perfect recovery, then thank your lucky stars, but don’t ask a jury for money damages. Unless you suffered a substantial financial or bodily harm, such as permanent unbearable pain and suffering, odds are that any good medical malpractice lawyer won’t even take your case!
Poor bedside manner just isn’t enough either. You deserve proper medical treatment, but don’t expect high class or top tier hospitality while in the hospital these days. Even if your nurse leaves you hanging for longer than you would’ve liked or your doctor is a short tempered curmudgeon, it won’t give you a valid medical malpractice case in Virginia. Medical malpractice has to do with a doctor or the medical staff screwing up and hurting you badly or permanently, not just someone being discourteous!
Now, if the doctor engaged in vile conduct while you were under medication, like the hypno-therapist we pursued who was having sex with his patients while they were “out of it”, then the emotional harm itself can give rise to a tremendously high verdict, as it should. Needless to say, he lost his license, and paid a handsome sum to those unknowing victims of his rape!
Then, there was the story of a doctor who courted his patient’s widow into a personal love affair – all to try and dissuade her from suing for her husband’s wrongful death from that doctor’s botched surgery. You bet there were questions about his character! And yes, he was disbarred as well!