If you have been harmed by medical malpractice in Virginia, then you need to familiarize yourself with contributory negligence.  Virginia is one of only a few states in the country that still uses this centuries-old law.  Contributory negligence can be defined as “a doctrine of common law that if a person was injured in part due to his/her own negligence (his/her negligence “contributed” to the accident), the injured party would not be entitled to collect any damages (money) from another party who supposedly caused the accident.”  This definition basically means that if you were careless in any way, which contributed to your injury, you probably won’t be able to recover damages.

Under contributory negligence, your doctor could be 99 percent responsible for your injury and you might only be 1 percent responsible, but you still won’t be able to recover a dime.  This doctrine hardly seems fair, but it is the law.

For more information regarding Virginia medical malpractice lawsuits and why these cases are so difficult to win, order a copy of Ben Glass’s book, Why Most Medical Malpractice Victims Never Recover a Dime.

Now his attorneys have filed an answer to the Complaint. They admit that the medical records accurately reflect what we said they did in the complaint, but, again, they say “the doctor didn’t do anything wrong.”

Here’s my question: is this frivolous or just “good defending”?

In Virginia, the statute of limitations for a medical malpractice claim is two years.  The question that most people have is “two years from what?”  There is something known as the “continuing treatment rule” that exists in Virginia.  Under this rule, your actual time to file a claim may be longer than two years from the specific date of the negligence.  This issue tends to get complicated, so it is important that you talk with a Virginia medical malpractice lawyer who will be able to tell you when your statute of limitations expires.

If you wait until your statute of limitations is almost up before filing your lawsuit, you are taking a risk.  Attorney Ben Glass has seen this scenario – where a lawyer waits until the last minute to file the lawsuit, only to find out that the wrong defendant was named or someone else was to blame for the malpractice.  He has even seen attorneys wait to file a lawsuit in hope that the insurance company will settle first.  That is also a risky practice.

Order your copy of the book, Why Most Medical Malpractice Victims Never Recover a Dime, for more information.

Lest there be no mistake about what actually happened, including the fact that the hospital’s attorney has actually filed a bar complaint about the attorney blogger he is litigating against, we have obtained the transcript of the hearing.

The judge said “no” to the hospital’s attempt to have the attorney remove the blog post. Read this interesting transcript about an attorney’s right to truthfully blog about a case and arrive at your own decision.

All of the studies, except one conducted by Harvard, have found a link between settlements and strong cases.  Researchers discovered that only about 10 to 20 percent of weak cases ended with a settlement payment.  According to the article, “The Fairness of Malpractice Settlements,” those figures “may overstate the fraction of weak cases that currently result in settlements because settlement of weak cases has reportedly declined since enactment of the federal law requiring that all settlement payments be reported on a national database.”  Studies have also found that when weak cases do end up reaching settlements, the amount is usually significantly discounted.

Cases that are considered a “toss-up” have a settlement rate of 40 to 65 percent.  Toss-up cases are also heavily discounted due to the uncertainty of the patient’s claim.

Claims that have strong evidence are 85 to 90 percent likely to end up settling.  The average payment is also a lot larger for strong cases than for those with weaker evidence.

For more information on medical malpractice claims, order your copy of Ben Glass’s book, Most Medical Malpractice Victims Never Recover a Dime.

In the case against Radiology Associates, a patient claimed that the defendants were negligent when they performed and interpreted numerous radiological studies from December 2002 to October 2005.  The patient claims that during this time, she showed symptoms that were consistent with a brain tumor located in the trigeminal nerve.

The Richmond Circuit Court did not accept the argument that the “continuous treatment rule” applies to discrete radiologic studies.  Based on the court’s ruling, there was basically no “assumption of ongoing treatment” in the patient’s case.

Although the court probably correctly interpreted the Virginia law, this law is outdated and antiquated.  It is unfortunate that this patient, who was suffering from a tumor during the entire time she relied on the radiologist’s reports, cannot pursue justice.  This type of case should not happen in this day and age.

It is very difficult to estimate the actual cost of defensive medicine, because there are very few doctors who would admit to doing it.  Determining that this practice even exists is challenging.  If doctors report that they participate in defensive medicine, they are basically admitting that they practice outside the realm of the standard of care.  This admission sounds like the very definition of medical malpractice, which is defined as deviating from the acceptable standard of care.

Also, if doctors admit to practicing defensive medicine, it means that they are committing insurance fraud.  Insurance companies are only obligated to pay claims that are reasonable and necessary to treat an illness or injury.

One of the best ways to determine if defensive medicine exists is to review patients’ medical records.  However, this type of review is never done.  A doctor isn’t going to admit to conducting defensive medicine and then say, “Here are the records to prove it.”

Medical providers are supposed to assess patients, taking into account the available information, and recommend treatment.  Based on the standard of care concept, a doctor is required to fully explain the risks and benefits of a recommended course of treatment.  However, the patient is the one who makes the final decision as to which treatment option will be pursued.

The law requires that a doctor practice in accordance with the standard of care.  If a doctor deviates from this standard of care, then he or she may be considered to be negligent.  Doctors can be held accountable if their negligent actions cause their patients harm.

Medical negligence cases are some of the most difficult types of claims, which is why you should work with a Virginia medical malpractice attorney who has extensive experience.

For more information about medical malpractice cases, order Ben Glass’s popular book, Why Most Victims of Medical Malpractice Never Recover a Dime.

More medical professionals, who are “non-plastic” surgeons, are entering this lucrative industry.  Open up any newspaper or local magazine and you will see numerous advertisements promoting cosmetic procedures.  Facelifts, Botox injections, tummy tucks, breast augmentation and liposuction are among the many things you can have done by just about any plastic surgeon.

Cosmetic surgery is voluntary and is considered to be non-evasive.  However, even some of the simpler procedures carry inherent risks.  For example, mistakes made during a liposuction procedure can lead to disfigurement, numbness, organ penetration and even death.  A face lift can result in nerve damage and the inability to close your eyes.  What seems like a straightforward nose job can cause breathing difficulties.

Cosmetic surgery errors are often serious and require several corrective surgeries.  Sometimes a patient will be left with lifelong complications.

As a patient looking to have plastic surgery, you have the right to expect that your surgeon is qualified and competent.  When mistakes happen that result in significant injuries, you may be able to obtain financial compensation.  Cosmetic surgery mistakes can be considered medical malpractice.

Find out more about medical malpractice and your rights in Ben Glass’s popular book, Why Most Victims of Medical Malpractice Never Recover a Dime.

In a Virginia misdiagnosis case, you have to prove that the doctor was negligent and that it was carelessness, not just “something that can happen” in the normal course of practicing medicine.  These cases can be difficult to prove because you have to show that the doctor’s actions violated the standard of care and resulted in damages.

In Virginia, there is a statute of limitation on when you can file a malpractice suit.  You have two years from the date of the malpractice to file the claim, but the time may be longer if the doctor continued to treat you in follow up.

There is a cap on the amount of damages you can recover in a malpractice case.  For any action after July 1, 2008, this cap is $2 million in total damages, which includes medical expenses, lost income, pain and suffering and other non-economic damages.

Read more about medical malpractice cases in Ben Glass’s book, The Ultimate Guide to Medical Malpractice Claims.