Medical Malpractice

We All Make Mistakes Article

We All Make Mistakes

Medical Malpractice

We all make mistakes. Mistakes happen at home; they happen driving to work, mistakes are made here in the law firm, and mistakes happen in the practice of medicine. A victim seeking compensation arising from a medical mistake, “medical malpractice,” faces legal challenges to recovery in Virginia which are unique among tort victims. This is why having an experienced Virginia medical malpractice attorney can make or break a case. For instance, unlike all other personal injury claims, medical malpractice cases have a cap, or limit, on recovery imposed by Virginia law which applies regardless of the severity of the injury […]

Lawyers Team Up for Best Results Article

Lawyers Team Up for Best Result

Medical Malpractice

Gentry Locke has a long history of associating with other attorneys. Don’t be surprised if/when you call the attorney that represented you in traffic court, drafted your will, or represents your business suggests that he associate Gentry Locke. Over the years, our firm has worked with other law firms who don’t typically handle personal injury cases. Gentry Locke has always associated with other lawyers and law firms in Virginia to give the highest level of service. We often partner with other lawyers in cases involving brain injuries, car accidents, catastrophic injuries, distracted driving accidents, medical malpractice, motorcycle accidents, nursing home […]

They Grow Up Too Soon: Don’t Let Time Expire on Your Child’s Medical Malpractice Claim Article

They Grow Up Too Soon: Don’t Let Time Expire on Your Child’s Medical Malpractice Claim

Medical Malpractice

Article co-written by Matthew Broughton, Jared Tuck, and intern Nicholas Beck In Virginia, a minor’s personal injury case typically has a statute of limitations of two years from the child’s 18th birthday. However, that deadline does not apply when the injury was caused by a medical provider’s negligence. If your child’s claim does not get filed before the expiration of the two-year statute of limitations, then his or her claim may be forever barred. The statute of limitations for a minor’s medical malpractice case can often be confusing, but with the help of experienced Virginia medical malpractice attorneys, your child […]

The Guardians of the Courthouse Gates: Virginia’s Requirement for Pre-Service Expert Certification in Medical Malpractice Cases

Medical Malpractice

A doctor’s negligence can have devastating and life-altering effects on a patient. A slip of the knife, a missed diagnosis, an unreasonable delay in treatment: All of these can lead to catastrophe. Many times, a patient’s only recourse after an encounter with a negligent healthcare provider is the Civil Justice system and a lawsuit to recover those damages caused by that provider with experienced medical malpractice attorneys. Although a suit for medical malpractice is just a more specific and specialized claim of negligence, Virginia law places a number of guardians at the gates of the courthouse, in an attempt to […]

Forever Barred Article

Forever Barred? The Statute of Limitations and its Limited Exceptions When Bringing a Medical Malpractice Lawsuit

Medical Malpractice

Navigating how to bring a personal injury claim in Virginia can be very confusing without experienced medical malpractice attorneys. Adding to that confusion, bringing a lawsuit for an injury caused by medical negligence, or medical malpractice, by a healthcare provider, adds additional complexities. Some requirements are so important that failure to comply with them can derail a lawsuit before it even begins. One such requirement is that you must bring your lawsuit within the time allowed under Virginia law, or it will be forever barred. This is known as a statute of limitations. The General Rule What is a statute […]

Do I Need an Autopsy for a Medical Malpractice/Wrongful Death Lawsuit?

Medical Malpractice

Our firm is often asked whether it is necessary to have an autopsy performed on your family member if he or she passes away, and you suspect that medical malpractice was the cause of your loved one’s death. The short answer is, that it is not a legal requirement in Virginia; however, wrongful death attorneys will agree that it is highly recommended. A wrongful death claim based upon medical malpractice is a claim that is brought when a family member dies as a result of the negligence of a healthcare provider. To have a meritorious medical malpractice action in Virginia, […]

The Anatomy of a Virginia Medical Malpractice Claim: Proving Your Case Article

The Anatomy of a Virginia Medical Malpractice Claim: Proving Your Case

Medical Malpractice

Medical Malpractice attorneys, or “med mal” attorneys, help distinguish whether a cause of action is specifically due to Medical Malpractice or whether the action be considered general negligence. The difference matters. This is because, for better or worse, Virginia law imposes numerous restrictions, limitations, and prerequisites to maintaining a medical malpractice action that are not present in other personal injury actions. Failure to comply with some of these requirements can be fatal to your case. For example, if a plaintiff fails to comply with the myriad of requirements to bring a medical malpractice action, including the requirement for, the case […]