Talented Medical Malpractice Injury Attorneys Serving Virginia
Medical malpractice injuries are among the most devastating and unexpected injuries. When you seek treatment from a medical professional, you trust that you will be in well-trained and reliable hands. However, doctors are sometimes guilty of negligence during even the most routine medical procedures. A medical malpractice injury occurs when a doctor or nurse’s negligence results in harm — this can be a poor medical decision, an unsafe form of treatment, or even forgetting an instrument inside a patient during surgery.
Due to the prevalence of medical malpractice in Virginia, doctors are required to carry medical malpractice insurance. Even the best doctors make mistakes sometimes, and medical malpractice claims are some of the most common personal injury claims in Virginia courts. The medical industry has invested heavily in attempting to shield itself from malpractice claims — for example, the amount that can be recovered from a negligent medical professional is limited by law. Virginia Code § 8.01-581.15 sets the cap on recoverable damages in medical malpractice cases, and the applicable amount is controlled by the date of the alleged negligent act. The cap increases by $50,000 each year; for malpractice acts occurring between July 1, 2025 and June 30, 2026, the cap is $2.7 million, rising incrementally each year toward a scheduled $3 million ceiling by July 2031.
When you have been injured by a doctor or nurse’s negligence, call the skilled medical malpractice attorneys at The Stellute Law Firm to help you explore your options and argue for compensation at trial.
To schedule an appointment, call 757-722-2815 to arrange a time to meet with one of our experienced personal injury attorneys at our Hampton Roads law firm.
Negligence
Medical malpractice claims are overwhelmingly premised upon the legal theory of negligence. In a medical malpractice case, the plaintiff must prove:
- A medical professional was in charge of caring for the victim
- The medical professional’s treatment or lack of treatment deviated from the standards and norms widely accepted by the medical community
- The medical professional’s treatment or lack of treatment caused injury to the victim
Common Signs of Medical Malpractice
It isn’t always obvious that something went wrong medically, especially when you trust the people treating you. Some signs worth discussing with a second opinion or an attorney include a diagnosis that changes significantly after seeking care elsewhere, a condition that worsens despite treatment that should be working, being told your test results were “normal” when your symptoms suggest otherwise, or a surgery that results in complications far beyond what you were told to expect. None of these signs alone proves malpractice occurred, but they’re worth taking seriously.
Types of Medical Malpractice Claims
Patient injuries can occur in a variety of settings, such as doctors’ offices, ambulances, nursing homes, and hospitals. Medical malpractice is not limited solely to doctors — nurses, aides, hospital administrators, and orderlies can also be sued for malpractice. Common types of medical malpractice include:
- Misdiagnosis: the medical professional fails to accurately diagnose a condition or misses obvious signs of a condition
- Birth injuries: the doctor is slow to act or makes a wrong decision during the birth of a child, causing temporary or permanent injuries to the child and/or mother
- Surgery issues: the doctor leaves a foreign body, such as a scalpel, inside the patient during surgery, or is careless during surgery, causing significant damage
- Prescription medication issues: the doctor prescribes the wrong medication or fails to properly address adverse side effects
The Certifying Expert Requirement
Virginia law requires a plaintiff to obtain a written opinion from a qualified expert witness, confirming that the defendant deviated from the accepted standard of care and that this deviation caused the plaintiff’s injury, before filing a medical malpractice lawsuit. This requirement exists to screen out unfounded claims, but it also means a malpractice case can’t move forward on gut instinct alone — it takes a qualified medical expert reviewing the records and agreeing that something went wrong. Identifying and retaining the right expert, often a physician practicing in the same specialty as the defendant, is one of the most important early steps in building a malpractice case.
Why the Damages Cap Still Matters to Your Case
Even with a statutory cap, most medical malpractice cases don’t come close to reaching it — the cap matters most in the most catastrophic cases, involving permanent disability, wrongful death, or lifelong care needs. But because the cap applies to total damages, not just non-economic damages like pain and suffering, understanding how it interacts with your specific damages (medical costs, lost income, and pain and suffering combined) is an important part of case strategy from the outset, not something to worry about only if a case goes to trial.
Common Types of Medical Providers Involved
Medical malpractice isn’t limited to a single type of medical error or a single type of provider. Claims we handle involve:
- Physicians and surgeons
- Nurses and nurse practitioners
- Anesthesiologists
- Hospitals and their administrative staff
- Pharmacists
- Diagnostic imaging technicians and radiologists
Delayed and Missed Cancer Diagnoses
Among the most serious misdiagnosis cases are those involving cancer, where a delay of even a few months can mean the difference between an early-stage, highly treatable diagnosis and a late-stage one with a far worse prognosis. Failing to order appropriate screening, misreading imaging or lab results, or dismissing symptoms without proper workup can all form the basis of a claim when the delay in diagnosis measurably worsened the patient’s outcome.
Informed Consent Failures
A separate category of malpractice involves informed consent — when a provider fails to adequately explain the risks, benefits, and alternatives of a treatment or procedure before obtaining a patient’s agreement to proceed. If a patient wasn’t given enough information to make a genuinely informed decision, and a known risk that wasn’t disclosed ends up causing harm, that failure can itself support a malpractice claim, separate from whether the procedure was performed competently.
Getting Your Medical Records
One of the first steps in evaluating a possible malpractice claim is obtaining a complete copy of your medical records, not just a summary. Records can reveal details that weren’t discussed with you directly — test results, internal notes, timelines of when decisions were made. An attorney can help make the formal request and, importantly, know what to look for once the records arrive, since medical charting isn’t always written in plain language.
Birth Injury Cases
Birth injuries are among the most emotionally difficult medical malpractice cases, since they can affect a child for the rest of their life. Negligence during labor and delivery — a delayed emergency C-section, improper use of forceps or a vacuum extractor, failure to monitor fetal distress — can cause conditions such as cerebral palsy, brachial plexus injuries, or oxygen deprivation resulting in lasting cognitive or physical impairment. Because the full impact of a birth injury often isn’t clear until a child reaches developmental milestones, Virginia law provides special considerations for when the claim deadline begins to run in these cases.
Damages in Medical Malpractice Cases
Medical malpractice law is designed to make victims whole again through damages. Damages cover both economic and non-economic injuries, and include:
- Past and Future Medical Expenses
- Past and Future Lost Wages
- Pain and Suffering
- Punitive Damages
Proving the Standard of Care Was Violated
The “standard of care” is what a reasonably competent medical provider in the same specialty would have done under similar circumstances. Proving a violation requires more than showing a bad outcome occurred — medicine involves inherent risk, and not every complication is the result of negligence. Your case needs to show specifically what the provider did, or failed to do, that fell below this standard, and that this failure is what caused your injury rather than some other factor. This is exactly why the certifying expert requirement exists, and why thorough medical record review is central to every malpractice case from day one.
Hospital vs. Individual Provider Liability
Depending on the facts, a malpractice claim might be brought against an individual doctor or nurse, the hospital or medical practice that employed them, or both. Hospitals can be held liable for the negligence of their employees under a legal theory called vicarious liability, and separately, for their own negligence in areas like staffing, credentialing, or maintaining safe facilities. Identifying every potentially liable party and their applicable insurance coverage is an important part of building a claim that reflects the full scope of what happened.
Statute of Limitations
Most Virginia medical malpractice claims must be filed within two years under Virginia Code § 8.01-243(A), though special rules apply to claims involving minors and to certain birth injury cases. Because the certifying expert requirement takes time to satisfy properly, it’s important to consult an attorney well before this deadline approaches, not at the last minute.
Our Hampton Roads Medical Malpractice Litigators Can Educate You on Your Options
Medical malpractice injuries are traumatic and physically painful. At The Stellute Law Firm, we understand how life-altering these unexpected injuries can be for victims. Let our skilled medical malpractice lawyers handle all aspects of your case in order to provide you with peace of mind, including reviewing potential claims, investigating fault, negotiating with medical professionals, and preparing for trial. Find out why The Stellute Law Firm is called “The One to Know.”
For a free consultation, call The Stellute Law Firm at 757-722-2815 to schedule an appointment.
Frequently Asked Questions
Is there a cap on medical malpractice damages in Virginia?
Yes. Virginia Code § 8.01-581.15 caps total recoverable damages. For malpractice occurring between July 1, 2025 and June 30, 2026, the cap is $2.7 million, and it increases by $50,000 each year going forward.
Do I need an expert to file a medical malpractice claim?
Yes. Virginia law requires a certifying expert opinion confirming a violation of the standard of care before a malpractice suit can be filed.
How long do I have to file a medical malpractice claim in Virginia?
Generally two years from the date of the malpractice under Virginia Code § 8.01-243(A), though certain circumstances, including claims involving minors, can affect this deadline.
What if the malpractice wasn’t discovered right away?
Some cases may involve discovery-related issues depending on the facts. An attorney can evaluate when your claim’s deadline began to run.
How much does hiring a medical malpractice attorney cost?
Nothing upfront. The Stellute Law Firm handles these cases on contingency — no fee unless we recover compensation for you.
If you believe you or a loved one was injured by medical negligence, call The Stellute Law Firm today at 757-722-2815, or contact us online.