Virginia Medical Malpractice Attorneys

We’ve Recovered Hundreds of Millions of Dollars for the Injured

At Breit Cantor Grana Buckner, we are dedicated to fighting for the rights of our clients who have been harmed by the negligence or wrongdoing of medical professionals. Substandard care and negligence in the medical field should not go unchallenged, which is why we’re committed to ensuring unfit healthcare professionals are removed from the practice.

We know how to take on negligent hospitals, doctors, and medical staff in pursuit of the justice and compensation you deserve. Our Virginia Beach and Richmond medical malpractice attorneys have helped victims of medical malpractice and negligence work to recover the full, fair compensation they were owed. Our firm has obtained nearly $150 multi-million settlements on behalf of our clients. We are honored by the opportunity to pursue justice on your behalf as well.

Fill out the above form to speak with a skilled Virginia medical malpractice lawyer from our team. We have offices in Virginia Beach & Richmond, and all consultations are free until your case is won.

What is “Medical Malpractice?”

Medical establishments and professionals—including hospitals, doctors, nurses, anesthesiologists, and surgeons—have a duty to provide a reasonable standard of care to patients. When this standard of care is breached, patients can suffer serious injuries and complications. This is known as medical malpractice and/or negligence and victims have the right to take legal action to recover compensation for damages.

Medical malpractice cases are some of the toughest injury claims to pursue. This is because it is not enough to demonstrate that your condition did not improve after medical treatment; instead, you must show that the doctor or facility failed to provide the same level of care that any other medical professional/facility would. For instance, it is not enough to prove medical malpractice if a surgery did not meet your expectations or you are unsatisfied with the results of treatment.

The law takes into account the inevitability of human error and, in many cases, favors medical professionals. Therefore, it is absolutely crucial that you work with an experienced medical malpractice attorney in Virginia on your case.

Types of Medical Malpractice Cases We Handle

As one of the most widely recognized medical malpractice firms in Virginia, we know how to hold responsible parties liable for our clients’ injuries. Whether you’ve been injured by a physician, nurse, hospital, or medical staff, we are ready to help you.

When doctors, nurses, hospitals, or other medical professionals are negligent, you have a right to take legal action.

When doctors, nurses, hospitals, or other medical professionals are negligent, you have a right to take legal action.

We accept many types of medical malpractice cases, including but not limited to:

  • Anesthesia Errors: Medical premiums are substantially higher for anesthesiologists than for any other medical specialty; this shows just how dangerous improper application of anesthesia can be! Common anesthesia-related errors include: failure to examine patient’s medical history before administering anesthesia; failure to conduct proper, pre-anesthetic physical evaluation; failure to warn patient about food and alcohol restrictions before and after the procedure; failure to properly monitor a patient’s vital signs; administering the wrong dosage; and improper intubation.
  • Emergency Room Errors: Approximately 30% of all Emergency Room medical malpractice lawsuits are filed because of misdiagnosis. Other common errors seen in Emergency Rooms include: EMT and paramedic negligence; physical and nurse negligence; anesthesia errors; surgical errors; delayed diagnoses; and tainted blood transfusions.
  • Failure to Diagnose: Common examples of failure to diagnose include: medical professional neglects to include significant information about a possible medical issue on the initial differential diagnosis list; medical professional conducts test incorrectly or misreads the results; medical professional underestimates the urgency of a condition and delays the diagnosis accordingly; and medical professional prescribes improper medication, causing another to mistakenly believe the patient is reacting poorly to the drug. Proving negligent diagnosis usually requires expert testimony, during which a medical professional must testify that another physician would have reasonably acted differently under the same circumstances.
  • Intubation Errors: Complications during intubation can arise from the following mistakes: incorrect tube placement in the esophagus; perforation of delicate tissues from the tubing; dislodging or disconnecting the tubing; overinflating or underinflating the tube; and failure to adequately monitor the patient after intubation. Complications can range from vocal cord paralysis to anoxic or hypoxic brain damage. If an intubation error occurred because of a medical professional’s negligent or inadequate training, you have every right to take legal action for the pain and suffering that resulted.
  • Surgery Errors: Surgeon fatigue, improper training, and carelessness can all lead to life-altering mistakes during surgery. However, making a mistake during surgery does not necessarily leave the medical professional liable. To warrant a lawsuit, you must be able to prove your surgeon performed a substandard level of care that then resulted in error. Common examples of surgical error include: nerve damage during surgery; administering the wrong amount of anesthesia or medication; performing an incision on the wrong part of the body; leaving a piece of surgical equipment inside the patient’s body; and operating on the incorrect body part. Surgical errors that result from preventable reasons—such as inadequate training, insufficient pre-operative planning, poor communication, inadequate labeling, fatigue, and neglect—are cause for legal action.

Other medical malpractice case types we handle include: birth errors, chiropractic negligence, colon and rectal surgery, dermatology, ENT, family practice, gynecology, hospital liability, internal medicine, laboratory errors, neurology, neurosurgery, nursing, obstetrics, ophthalmology, orthopedics, pathology, pediatrics, pharmaceutical errors, plastic surgery, podiatry, radiology, and urology.

This list is not exhaustive; if you believe your injuries and/or condition or the death of your loved one was caused by medical negligence, our Virginia Beach and Richmond medical malpractice attorneys can help. We have extensive experience handling these types of complex claims and are prepared to serve as your aggressive advocates throughout each stage of the legal process.

Call our office today at (855) 936-1747 for a free consultation with a medical malpractice lawyer in Richmond, VA or Virginia Beach, VA. We proudly serve clients throughout the state of Virginia.

Proving Medical Malpractice

Hospitals and their medical staff are well-protected by medical insurance companies and teams of lawyers set on saving money. For this reason, it is crucial to pick a medical malpractice attorney in Virginia to pursue compensation in these complex cases. At Breit Cantor, our medical malpractice lawyers are dedicated to thoroughly investigating the cases we handle, which is why we work with a network of professionals to gather substantial evidence in your favor.

If we believe that you have a case, we will then ask for the records and move on to stage two. This portion of the case will involve our attorneys reviewing all of the information we have, performing our own research, hiring investigators and experts to dig deep, and then a time of collaboration with one another to ensure that no stone has been left unturned.

Proving medical malpractice requires the following elements:

  • A doctor-patient relationship was formally in place
  • The doctor or other healthcare provider failed to fulfill their duty of care to the patient
  • The doctor’s negligence directly caused injury to the patient
  • The injury led to specific damages and loss

In any medical malpractice case, you must be able to prove that the healthcare professional failed to do what any other reasonable medical professional would have done in the same circumstance; and that the patient suffered as a direct result. Examples of a failed duty of care include: failing to properly diagnose a medical condition, failing to properly treat a problem, causing an injury, and/or failing to warn a patient of significant risks.

When pursuing medical malpractice/negligence claims, the best medical malpractice lawyers in Virginia, such as those at Breit Cantor Grana Buckner, work to recover compensation for all your losses. That includes any additional medical bills you incurred, lost wages/income from time taken off work to seek treatment/recover, pain and suffering, emotional distress, lost earning ability, future expenses, and more.

Medical malpractice claims are typically against a doctor, a clinic, or a hospital. Any healthcare provider, however, can be the subject of a medical malpractice suit. This may include:

  • Nurses
  • Pharmacists
  • Optometrists
  • Anesthesiologists
  • Dentists
  • Chiropractors
  • Therapists
  • Psychologist

Patients who are harmed by medical malpractice should discuss their case with a professional attorney.

Burden of Proof in a Virginia Medical Malpractice Case

It is the responsibility of the person filing a medical malpractice claim to prove that the health care provider is responsible for their injuries. If specific burdens of proof are met by the plaintiff, they will have a case and can pursue compensation. The following must be accomplished:

  • A variety of evidence must be used to show that malpractice occurred
  • The alleged instance of malpractice is directly responsible for his/her injuries
  • The resulting injury or illness is substantial enough to require financial damages

Call (855) 936-1747 or fill out and submit an online contact form today to request a free, confidential case evaluation with a medical malpractice attorney in Virginia Beach or Richmond. There are no fees for you until we recover compensation on your behalf.

What to Do if You’ve Been Injured by a Negligent Medical Professional

An unsettling fact about medical malpractice is that a significant amount of malpractice is committed by a small percentage of health care providers. Often, insurance companies and doctors insist on confidential settlements, keeping the public in the dark about their errors and costly mistakes.

Before choosing a doctor, it is wise to do some research. We recommend checking information about potential physicians on Virginia’s Board of Medicine website. Most states have a similar board of medicine where patients can look up physician information and see if they have any paid malpractice claims or other marks on their record.

The medical malpractice insurance industry and health care providers constantly work to pass laws limiting the amounts a patient can recover if he or she is negligently injured by a medical professional or hospital. Our Virginia medical malpractice attorneys constantly work with organizations dedicated to protecting the rights of victims across the nation. Join us in taking action against these laws by contacting the appropriate legislators and voicing your opposition to these efforts.

Get Started with Your Medical Malpractice Case: Call Breit Cantor for a FREE, Confidential Consultation

If you are facing a large hospital’s insurance company, we can help. Our team is knowledgeable, confident, and widely recognized for our excellence in trial and representation. Furthermore, we keep our case volume low, thus ensuring our ability to fully devote ourselves to a few significant cases and provide the advocacy our clients deserve.

Give us a call at (855) 212-8200 and begin a free case consultation with a Virginia medical malpractice attorney!

Medical Malpractice Litigation: Frequently Asked Questions

Can I Sue for Medical Malpractice?

Yes, you can sue for medical malpractice. However, your case depends on various elements of your claim as well as whether you meet certain basic requirements. To prove medical malpractice, you must provide proof that the following existed:

● There was an existing doctor-patient relationship
● The doctor or other medical practitioner acted in a negligent manner
● This negligence was the direct cause of the injury
● The stated injury led to emotional and financial damages

If all of the above existed, you may be able to pursue compensation for the damages you suffered.

Is failing to heal considered medical malpractice?

No, a doctor failing to heal your condition fully or even at all does not necessarily mean you have an injury case. Instead, you must show that the medical or nursing professional or facility in question failed to uphold a reasonable standard of care. This is often demonstrated by proving that had you been treated by a different doctor/nurse/hospital/etc., you would not have suffered the same injuries/condition. Medical malpractice cases are complex and it is important that you consult with a knowledgeable Richmond or Virginia Beach medical malpractice lawyer about your unique situation.

What is the statute of limitations for medical malpractice cases in Virginia?

Virginia law gives qualifying parties two years to file a medical malpractice lawsuit. That does not mean you can wait until the statute of limitations is nearly up to begin the process. It can take many months to collect all the information and records you need to file. Additionally, you will need to collect the evidence necessary to prove that your case is viable. It can also take several months to obtain the statements of experts and their analysis.

The entire process can move much more smoothly if you get the advice of a legal professional at your earliest convenience. Our Virginia medical malpractice law firm can walk you through each part of your case, and we want to get started on the path to full and fair compensation!

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Experience The Breit Cantor Difference

  • Long tradition of success in court.
  • Over 300 years of combined legal experience.
  • Attorneys have been recognized among the most experienced trial lawyers in Virginia and the country.
  • Dedicated to providing our clients with the attention they deserve from start to finish.
  • No recovery, no legal fee!
  • Leadership roles in the legal community.
  • Secured some of the largest settlements in Virginia history.