Medical Malpractice Frequently Asked Questions
What is a medical malpractice claim?
A medical malpractice claim is a claim filed against a corporation or an individual which provided negligent or substandard medical care.
What is involved in the investigation of a medical malpractice claim?
First, we start with a thorough review and analysis of your medical records.
Second, we will orchestrate a review of your records by qualified medical experts who can testify at trial that your treating doctors were negligent and that his/her negligence is a direct cause of injury or death.
How much will a medical malpractice claim cost?
No case is the same. Most of the expense in pursuing a medical malpractice case arises from the use of experts. Experts charge by the hour for their work on the file and total expert charges can range from a several thousand dollars to $30,000 or more.
How long will my medical malpractice lawsuit take?
Most medical malpractice claims take approximately 18 months from the date the complaint is filed until the case is resolved, by settlement or trial.
How long do I have to file a medical malpractice claim?
In Virginia, the general rule requires malpractice claims to be filed within 2 years of the date of the medical negligence. This time period can be shorter or longer depending on the facts surrounding the claim. Promptly consult with an attorney knowledgeable with medical negligence law as the expiration of the statute of limitations would forever bar a claim.
Why won’t an attorney take my case, even though the doctor or hospital was clearly negligent?
Medical malpractice lawsuits are very time consuming and expensive. In some cases the expenses incurred in litigating the claim are more than the damages you would be able to recover.
Will we have to go to trial?
There is no way to predict which cases will be tried and which will settle without a trial. Do not pursue a medical malpractice claim unless you are prepared to try your case in a court of law.
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Nursing Home Abuse Frequently Asked Questions
What is a nursing home abuse or nursing home neglect claim?
These claims arise in numerous situations including situations involving repeated falls, malnutrition, the development of bedsores or pressure ulcers (decubitus ulcers), dehydration, medication errors, and physical attacks/assaults by other residents or staff.
How do I know if my loved one is suffering from nursing home abuse or nursing home neglect?
The best advice is to visit your loved one frequently and at different times of the day and days of the week. Your close observations will tell you if your family member is being well fed and cared for. If your family member has bed sores, ask to see the wounds and ask how this medical problem will be addressed. Talk to roommates and nurses on the floor.
Should I move my loved one to a different nursing home?
Yes. If you decide to keep your loved one in the same nursing home that you are pursuing for nursing home abuse, you risk mistreatment (retaliation) by disgruntled nursing home personnel. If the nursing home has failed to provide the necessary care for your resident, move to a facility that will.
How much will a nursing home abuse claim cost?
No nursing home claim is the same. We have successfully concluded cases where no more than several hundred dollars in costs have been incurred. In other cases, the costs for medical experts can cost anywhere from several thousand dollars to over $30,000.
Will we have to go to trial?
A majority of nursing home abuse cases are settled. However, it is impossible to know which case will settle and which will be tried in a court of law. Do not undertake the prosecution of a nursing home abuse case unless you are willing and committed to try the case if necessary.
Why do we have to pay back Medicare/Medicaid?
Medicare and Medicaid are entitled to repayment of certain amounts under Federal and state laws. Medicaid and Medicare are deemed to be “secondary payers” and always request reimbursement in these types of cases. We work very hard to reduce the reimbursement payments as much as possible, but we can not avoid repayment of some portion of the expenses paid by Medicaid or Medicare.
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Business Litigation Frequently Asked Questions
Would you review my non-compete agreement and tell me if it is enforceable?
YES and NO. We will be happy to review your contract. If the contract falls under Virginia law, we can review the agreement and share with you recent Virginia court decisions which may control your situation. Although we can never guarantee the courts will rule a certain way on your employment contract, we can provide you with the applicable Virginia law, other relevant court decisions, and discuss the best strategies and tactics in dealing with your contract.
Will my ex-employer pay for your attorneys’ fees if I win?
Unless your contract states the losing party pays the attorneys’ fees of the winning party, it is doubtful a Virginia court would make your ex-employer pay for your attorneys’ fees. This is the sad part about business litigation over non-competes. You may be completely in the right and faced with an unreasonable contract, and you may not have breached the agreement at all, and still be forced to pay attorneys’ fees to defend yourself and your right to keep working.
Should I fight my non-compete, offer settlement, or just wait it out?
That is a decision you will have to make on your own, but hopefully we will provide the information you need to make an informed decision.
How much will a business litigation / non-compete claim cost?
No business litigation claim is the same. We have successfully concluded cases where no more than several hundred dollars in fees and costs have been incurred. In other cases, the costs for hourly attorneys fees, experts etc., can be anywhere from several thousand dollars to over $30,000.
Will we have to go to trial?
Although some business litigation cases are settled, most are not. It is impossible to know which case will settle and which will be tried in a court of law. Although it is ultimately your ex-employer’s decision whether to file suit against you for breach of a non-compete contract, we advise our clients not to undertake rigorous defense unless you are willing and committed to try the case if necessary.
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