The verdict, awarded against Barry Walter, M.D. and Virginia Surgery Associates, was later reduced to $1.85 million to comply with Virginia’s “doctor and insurance company protection” law.

The patient was a single mother who left a 17 year old daughter. The case involved the alleged misuse of a device known as a Autosuture ProTracker. It was alleged that this device ruptured a vein near the heart, causing bleeding, followed by cardiac arrest.

The defendant denied any responsibility and there was no offer made on behalf of the defendants before trial.

The case was handled by attorneys Michael Shevlin and Tom Smith.

Remember. Each case is unique. These attorneys did a fantastic job but the result obtained is not an indication of what you may obtain in your case. You should consult with an experienced, board certified attorney in your area.

Judge James Chamblen had the opinion that in each case the plaintiff was a patient of Dr. Berman.  The patients thought they were being injected with Botox Cosmetic, but in February 2004, the doctor had used a Botulinum Toxin Type A product that was sold and distributed by Toxin Research International, Inc. This product had not been approved or licensed by the FDA.  In fact, the label on the vials used by Dr. Berman stated “for research purposes only – not for human use.”

Dr. Berman did not tell the patients that he used this product in lieu of Botox.  According to plaintiffs, the doctor gave them the injections and represented that he was using Botox.  He allegedly never disclosed that he was using a non-licensed and cheaper product.

The defendant had attempted to have the case dismissed because the actions occurred more than two years prior to the case being filed.  However, the case was not dismissed.

The opinion read, “I think that the allegations of each complaint show that Dr. Berman’s fraud, concealment and misrepresentation prevented each plaintiff from discovering what he had actually injected into them until March and May 2007.  Each filed suit within one year thereafter.”

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.

First, it is important to point out that just because there was a bad outcome to your surgery or medical treatment, does not mean that there was malpractice.  When it comes to medicine, bad things happen sometimes.  A patient may suffer adverse side effects or even die without it being anyone’s fault.  Patients still suffer, even when their doctors do a perfect job and provide quality care.

Medical malpractice only exists when a doctor has been negligent.  That means that your doctor violated the standard of care and was negligent.  Basically, you have to prove that the medical provider did something wrong and that your injuries were not the poor result of adequate care.

There is a cap on the amount of damages you can receive in a Virginia medical malpractice suit.  The total malpractice damages are capped at $2 million for actions after July 1, 2008.  Punitive damages are capped at $350,000.

To find more answers to your questions, check out Ben Glass’s book, The Ultimate Guide to Medical Malpractice Claims.