Every year in the United States, more than 250,000 people die as a result of medical malpractice. Thousands more suffer permanent serious and life-altering injuries. Imagine going into surgery for a right knee replacement surgery only to wake up to find surgery was performed on your healthy left knee.
As recently as 2013, a well-known hospital in New York publicly admitted that when a 73 year-old man came to the hospital for removal of a kidney, the surgeon removed the wrong one. Not only was the man’s life shortened, he had to spend the rest of it on dialysis.
Unfortunately, it is not uncommon for doctors to either fail to correctly diagnose a serious disease or to give a clean bill of health to someone who is actually seriously ill. Stories abound of people being sent home from an emergency room with a diagnosis of indigestion only to die of a heart attack a short time later.
Not all unpleasant results from medical care is the result of malpractice. But, if you believe that you or someone you love has suffered from medical malpractice, you need to consult a medical malpractice attorney who will review the facts of your case and help you decide how to proceed.
Elements of a medical malpractice case
In order to prove your claim, you must show the court that:
- You had a patient/provider relationship with the medical professional you claim is liable for malpractice. If you casually discussed your case with a practitioner over dinner, that will not meet the required relationship standard.
- The provider was negligent in that the provided care did not meet the standard of care given by similar providers in your geographical area.
- The provider’s negligence was the cause of your injury.
- You suffered damages as a result of the negligence.
Favaloro Law Offices
At Favaloro Law Offices, founding Attorney Mark Favaloro, a Virginia Beach medical malpractice attorney, was a medical malpractice defense counsel before becoming a personal injury attorney and representing the interests of injured patients. This gave him tremendous insight in how the other side works.
For more than 32 years, Mark has been trying cases in the courts of the Commonwealths of Virginia and Massachusetts. He is admitted to practice in both state and federal courts including the appellate courts. He knows how to thoroughly evaluate the facts of the case, review the medical records and hire the necessary experts.
If settling prior to trial is in your best interest, he knows how to negotiate with defense counsel. If going to trial is a better option for you, he will be thoroughly prepared and be an aggressive advocate on your behalf.