Cranwell & Moore P.L.C., Attorneys at Law

How do I know if I have a medical malpractice case?

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Not every unexpected or unwanted result of a medical procedure is due to medical malpractice in Virginia. This can make it difficult to know if your case truly is malpractice. However, if you have suffered from what you think is negligence on the part of a medical provider, then you have every right to find out if you have a case.

Medical News Today defines medical malpractice as a situation where a medical provider makes an error that negatively affects the patient. It is important to note that the quality of care is judged based upon a standard of care that must be met. It is only when this standard of care is not met that malpractice occurs. For example, if you were admitted to the hospital with chest pains, it would be expected that the medical providers would check your heart. If your heart was not checked and you suffered from serious heart damage because of this lack of care, then you would likely have a legal case.

You must consider three main factors when determining if you have a case. You must have suffered damage. You cannot have a case if nothing bad happened to you. In addition, whatever happens, needs to be serious. If you got a minor scratch on your arm, this would not be serious enough to justify a case. The medial provider must also have been negligent, which means he or she did not provide you with the proper standard of care. It is not enough to just be unhappy with the service. You have to prove the provider did not do something that should have been done or did something incorrectly. This information is only intended to educate and should not be interpreted as legal advice.

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