Virginia Medical Malpractice
March 2nd, 2015
Laboratory developed tests (LDTs) are diagnostic procedures that are often used to determine if a child suffers from a genetic disorder. Currently, these tests are overseen by the Centers for Medicaid and Medicare Services. Now though, the U.S. Food and Drug Administration (FDA) has proposed a set of new regulations for these procedures, claiming they have the authority to control these tests as if they were a medical product.
While many believe the new set of regulations can improve patient safety in the medical industry, others believe the new laws could implicate LDTs as a defective product.
An article released by The National Law Review highlights several recent cases in which parents of children suffering from genetic disorders successfully sued laboratories for failing to supply them with accurate test results. This has forced many labs to seek refuge under the Virginia Medical Malpractice Act, which places caps on the amount of damages that can be awarded in cases where a medical professional or facility’s mistake led to a patient suffering harm.
A decision on the new regulations is expected to be released in the near future. In the meantime, the Norfolk personal injury attorneys with Lowell Stanley Injury Lawyers are here to help if you’ve been harmed by a medical error that occurred through no fault of your own. Just give us a call at (757) 459-CASH to get started on your case today.
October 6th, 2014
Each year, thousands of Virginians are harmed by mistakes while receiving treatment from medical professionals. While these individuals may have a right to file a Virginia medical malpractice lawsuit, they may be fighting more than just the doctors and hospitals involved in their injuries.
Medical lobbyists spend millions of dollars per year in their efforts to influence state and federal lawmakers, and too often their influence isn’t in favor of the patient. These lobbyists are one of the reasons patients in our state have few rights to protection other than filing a complaint or lawsuit against the doctor responsible for their injuries.
The problem is highlighted by the failure of two recent bills that were aimed at preventing the falsification of medical records in our state. An article from Watch Dog Wire explains both laws went before committees and were defeated. There is still no law in Virginia against falsifying medical records.
So what does this mean to the patient? Some believe it shows the need to have legal representation from a Virginia personal injury lawyer if you’re harmed as the result of a medical professional’s error.
Lowell “The Hammer” Stanley and the legal team at Lowell Stanley Injury Lawyers have assisted numerous injury victims with their cases and can do the same for you. To learn more about how we can help, call us today at (757) 459-CASH.
July 14th, 2014
Medical professionals have a legal and ethical responsibility to protect the safety of their patients. Failures to do so may result in civil litigation against the parties responsible for the patient’s harm.
In cases of Virginia medical malpractice, determining the amount of money an injured patients can receive is complicated by a cap schedule the state has placed on such awards.
In 1999, state officials designed a schedule that would allow a slight increase in the amount that can be awarded to victims of Virginia medical malpractice. It began with a $1.5 million medical malpractice cap on July 1, 2000, and has progressed to a cap of $2.15 million on July 1, 2014.
The amount that an individual can be awarded depends on when the accident, injury, or medical error occurred. In other words, an individual can only be awarded the amount of the cap during the year their injury occurs.
In 2031, the cap will max out at a total of $3 million.
There are also statutes of limitations that apply to Virginia medical malpractice claims, which is why it’s important to speak with an attorney about your case as soon as possible. The Norfolk personal injury lawyers with Lowell “The Hammer” Stanley are aware of how confusing the legal process can be and are here to help victims of Virginia medical malpractice.