Part 2 of 2 Cont’d………….
What should you do if you suspect that you’ve been subjected to negligent care?
You should first contact a seasoned Medical Malpractice Attorney. They will secure important medical records and interview you, family, colleagues and/or friends. A determination after these actions have been taken will help your Attorney determine if the case is actionable or not. It is advisable to seek guidance from an attorney who is licensed in the state where the alleged malpractice occurred.
Statutes of limitation
(a) Virginia Medical Malpractice Statute of Limitations
All medical malpractice actions for personal injury must be brought within two years from the date the cause of action accrued. Va. Code Ann. § 8.01-243(A).
In § 8.01-230, a cause of action “accrues” at the time of injury: “the cause of action shall be deemed to accrue and the prescribed limitation period shall begin to run from the date the injury is sustained in the case of injury to the person… and not when the resulting damage is discovered.”
This two-year limitation has long been applicable, and strictly enforced, in Virginia. Virginia is one of the minority states that use the “date-of-the-act” rule, which means that the plaintiff must file suit within two years of the date of the injury regardless of how obscure or undiscoverable the injury might have been.
Exceptions to the two-year rule are (i) cases involving minors or mentally incompetent people who are in law regarded as unable to know their legal rights and (ii) cases where the injury was fraudulently concealed from the person.
Be your own best advocate!
Do research to understand your health condition and document the symptoms you are experiencing. Make a list of pre written questions that you feel are important and what your expectations are. Demand full and detailed answers from them.
It is important to not be intimidated by the medical system. Always speak up and be your own advocate. If you as a patient feel that something is wrong, under any circumstances let your health-care provider know. It is important to trust your doctor or nurse, you know your body, so if something doesn’t seem right let them know.
Reasons why legitimate medical-malpractice claims are not pursued?
A patient choosing not to pursue a valid claim. Why would someone decide not to pursue a valid Medical Malpractice claim? They may perceive (incorrectly so) that the financial burden of litigation will overwhelm them, they may feel that it will be too stressful or are concerned that this action bay increase the cost of their healthcare.
The Parrish Law Firm Medical Malpractice Lawyer works with Northern Virginia residents who have been injured because of another party’s negligence and are looking for fair compensation. Contact us today for a free case consultation or call us at 703-906-4229.
A representative of the Parrish Law Firm, PLLC researched and wrote this article with Mr. Parrish’s consent. If you have any questions regarding the legal implications of what you have just read, please send us your question by clicking here so we can have our attorney review it.