Medical malpractice law in Virginia has been set forth in the statute framed by the lawmakers of the state in the Constitution. It is unlikely that much litigation and precedent is known to sway the court in making a decision in individual cases. Despite this, the strength of a medical malpractice case largely lies with the power of the attorney to sway the court. With the natural abilities of attorneys to make arguments that cast the defendant in a harsh light, it is only natural for plaintiffs to hire the most talented lawyers that they can find. With these types of competent attorneys, there is a good chance that they can win their case simply on the strength of argument and the severity of their injuries. While it is true that malpractice cases are very often overturned in the state of Virginia, it is also true that the physicians themselves are required to carry all manner of medical malpractice insurance in order to protect themselves and insulate themselves from medical malpractice cases. As long as these types of cases exist, the law itself will continue to evolve, although somewhat slowly, in order to address all these individual precedents.
Virginia State Tort LawStatute of Limitations
Two years from date of original injury or after injury was discovered. After ten years from the original injury, a suit may not be brought.
In case of foreign objects, no more than two years after discovery.
Damage Award Limits Recovery damages limited to $1.95 million. Joint Defendant Liability Several and joint liabilities are not separated
Expert WitnessExpert witness must have up-to-date license and have currently active clinical practice in defendant’s field or comparable specialty.Attorney FeesNo limits on attorneys fees
With the medical malpractice law so clearly set forth in the state statutes, it is clear that there is little argument that can be allowed in the definition of medical malpractice law in Virginia. As more and more attorneys make their point and set precedent, it is extremely tempting for judges in the court system itself to begin to sway and lean towards the evolution of law that has taken effect in so many other states. Considering the lack of an extremely liberal court system, Virginia has seen less evolution of the law and any closer adherence to the letter of the statutory law that was set down by the framers of the state constitution and the individual statutes themselves. In this way, Virginia very largely makes the attempt to follow what the lawmakers originally intended, rather than what has been argued and set down by individual attorneys over the years.
In the state of Virginia, medical malpractice law provides for the protection of individuals who are worse off after treatment than they were before seeking out their physician for treatment of existing ailments. In the case of those who are unfamiliar with certain specific types of injuries and ailments, a physician's attorney and might be required in order to understand the vagaries and delicate matters involved.
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