When cancer is detected during the early stages, it can typically be treated effectively, giving the patient a good prognosis.  That is what makes misdiagnosed cancer cases so devastating.  By the time the cancer is identified, the options are often limited, not to mention painful.

The rate of survival is generally higher when cancer is caught early, as the treatments tend to be more successful.  Once the cancer has progressed, the treatments are harsher and may include such things as radiation and chemotherapy.

You could have a Virginia medical malpractice claim if your cancer was diagnosed late.  A Virginia medical malpractice attorney will determine if you have a strong claim by gathering all of the pertinent medical records regarding your care and by conducting an interview with you.

If it appears that you have a provable case, your medical malpractice lawyer will consult and retain experts in the appropriate specialty.  These medical experts are crucial to your case, as they will testify if they believe that the medical care you received was substandard, which led to your injury.

There are other factors that go into medical malpractice lawsuits. For more information, order a copy of the book, Why Most Medical Malpractice Victims Never Recover a Dime.

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.

One of the most important decisions that you will make when it comes to the outcome of your case has to do with selecting a lawyer.  Fairfax medical malpractice lawyer Ben Glass provides a list of great questions to ask any potential candidate in his book, The Truth About Lawyer Advertising.  These are things that you should find out before hiring someone.

You may be worried that you will offend an attorney with your series of questions, but the truth is that most lawyers will not be insulted.  Instead, they will most likely welcome them, because it shows that you have taken the time to educate yourself.

The list that is included in the book is quite extensive, but here is a brief sample of what you should inquire about when talking with a medical malpractice lawyer:

1.    How many years have you been in practice?

2.    Do you have actual experience handling my type of case?

3.    Where can I read about your other cases?

4.    Are you listed in Best Lawyers in America®?

5.    Are you board certified by any state or nationally recognized organization?

To obtain the full list of questions, order your copy of Ben’s book at http://www.thetruthaboutlawyerads.com/.  The book is free for Virginia residents.

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.

In a misdiagnosis of cancer case, you have to prove that the medical provider failed to take the necessary steps that would lead to the cancer diagnosis.  You also have to show that if the cancer had been diagnosed earlier, you treatment options, medical care and prognosis would have been vastly different.  If the cancer was missed, but the delay in diagnosis was so short that the treatment, care and prognosis are the same, it can be challenging trying to recover damages.

There are certain diagnostic tests used to detect cancer.  For example, a colonoscopy is the “gold standard” for testing for colon and rectal cancer.  Mammograms are used to screen for breast cancer and to determine if further tests are needed.

If you believe that you or a family member has suffered because of a cancer misdiagnosis, you need to order Ben Glass’s popular book, Why Most Victims of Medical Malpractice Never Recover a Dime.  This book explains the malpractice claims process and how to find the right Virginia medical malpractice lawyer.

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.

A Virginia medical malpractice attorney is similar to a personal injury lawyer in that both handle injury claims caused by someone’s carelessness.  However, in a personal injury case you are dealing with someone who ran a red light, while a medical malpractice claim involves a breach in a medical standard of care.

Medical malpractice lawyers have the knowledge and ability to represent personal injury cases, but it is not always the other way around.  Not all personal injury attorneys can handle medical malpractice cases, despite the fact that they may advertise that they can.  Some personal injury lawyers just don’t have enough experience or knowledge in medical malpractice cases.

Typically, medical malpractice claims are more complex than the average personal injury claims.  For example, Virginia’s statutes of limitations for medical malpractice suits are complicated and if your case is represented by someone who is not familiar with these types of cases, it could affect your lawsuit.  Also, an experienced Virginia medical malpractice lawyer will have access to good experts and knowledge of Virginia’s expert certification experience.

It is crucial that you understand the difference between attorneys.  For more information, reference Ben Glass’s books, The Ultimate Guide To Medical Malpractice Claims and The Truth About Lawyer Advertising.