Any patient and his or her family has the right to take legal action over medical malpractice if the patient is a victim of hospital negligence or any form of medical malpractice. It can get difficult at times, however, to determine who should be held accountable for the patient's injuries. Certain standards and a system of tests have been put in place by the legal system in Virginia and throughout the United States to aid lawyers in determining who should be held responsible in cases concerning medical malpractice. However, when all else fails, the court may resort to calling in expert witnesses to help the court come to a conclusion.
When treating patients, doctors and other healthcare providers across the country, including Virginia, generally rely on medical information provided by patients and obtained by diagnostic testing. Now the overwhelming majority of data are retained by electronic health record systems. This information is used to track and determine treatment and provide periodic alerts and advice about a particular patient's condition or needs.
Medical malpractice is defined as an act of negligence by a medical professional, including hospitals, where the patient suffers or even dies as a result of sub-optimal treatment. The families of patients can claim compensation from the health care providers and, sometimes, the compensation amount can be very large. In Virginia, as doctors faced high medical malpractice rates, they have requested a limit, or a cap, on the compensation amount that can be demanded by the victim's family.
Medical negligence or medical malpractice often leads to serious injuries and complications for a patient. Several cases of medical malpractices, including surgical errors like wrong-site surgeries or anesthesia errors, have left a patient impaired or even disabled, often permanently. Certain cases of medical malpractice have also led to a patient's unfortunate demise.
Wrong-site surgery may be one of gravest forms of medical malpractice that adversely affects the lives of many Virginia residents. Wrong-site surgery means that a medical procedure was performed on the wrong organ, location on the body, or limb of the patient, or in some cases even on the wrong patient altogether.
Medical malpractice or medical negligence may be defined as any act or omission of any necessary act by the medical practitioner, which not only injures the patient but also digresses from the usual customs and practice of the medical professional in related cases. The patient as well as relatives and dependents have the right under Virginia law to initiate a medical negligence lawsuit.
Roanoke, Virginia, patients undergoing treatment with a doctor or at a hospital hope that these medical providers will follow the required standard of care and address their patients' health issues in a professional way. However, medical malpractice cases are not uncommon in Virginia.
As Virginia residents know, medical malpractice lawsuits are initiated by a patient or his or her family and dependents when the act or omission by a medical practitioner has allegedly caused the patient severe injuries. It is based on the tort law principle of negligence.
Medical negligence cases are not unheard of in Virginia. Thousands of patients suffer grave injuries and even lose their lives due to the mistakes of doctors. A medical or surgical error could cost a person life or limb or lead to serious issues, such as partial or total paralysis, brain injuries, strokes or even cancer. A mistaken diagnosis may lead to wrongful death or severe complications, which, in turn, result in a poor quality of life that a patient has to suffer due to the mistakes of another.
Anyone who goes to a medical practitioner for a health issue in Virginia expects to hear that person's sound judgment about the issue and how best to treat it. Sometimes, a specific complaint requires a physician to perform a procedure due to the knowledge of the underlying condition. Even if a medical procedure is not performed, a physician may still prescribe medication to a patient.