Medical Malpractice Lawyer in Woodbridge, Virginia
When seeking medical treatment, it's common to put your trust in the hands of your healthcare providers. Most doctors and nurses are hardworking professionals, but mistakes can still occur. When those mistakes cause serious harm, families are left dealing with pain, confusion, and financial pressure.
Medical malpractice can impact every aspect of a patient's life, from physical health to emotional well-being and their ability to support their family. If you or someone you love is facing this kind of situation, know that you don’t have to face it alone.
At Ryland & Merchak, PC, our attorneys are dedicated to helping our clients in Woodbridge, Virginia, and throughout Northern Virginia, including Prince William County, Stafford County, Fairfax County, and surrounding areas, in pursuing accountability when medical providers fail to meet their duty. Reach out to us today to schedule a consultation and learn how we can help with your malpractice case.
What Constitutes Medical Malpractice?
Medical malpractice occurs when a healthcare provider fails to follow the accepted standard of care, and that failure leads to injury or death. However, not all bad outcomes are considered malpractice.
To file a valid malpractice claim, the care must have fallen below what a reasonably competent provider would have done under the same circumstances. Some common situations that may lead to a malpractice case include:
Misdiagnosis or delayed diagnosis of a serious condition
Surgical errors or wrong-site surgery
Medication mistakes, such as incorrect dosage or drug interactions
Birth injuries resulting from improper care during labor or delivery
Failure to monitor a patient’s condition or respond to complications
Anesthesia-related errors
Infections due to poor hygiene or failure to follow safety protocols
Malpractice cases aren't about punishing honest mistakes; they're about protecting patients from harmful care and holding providers accountable when preventable errors cause serious harm. If you think something went wrong during your medical treatment, reach out to an experienced personal injury attorney for guidance.
Who Can File a Malpractice Lawsuit?
Not everyone affected by a medical error can file a lawsuit. The law sets specific rules about who can bring a claim. Those who may bring a claim in Virginia include:
The patient: If the patient is injured and they are able to file a lawsuit.
A legal guardian: If the patient is a minor or an incapacitated adult.
The estate representative: In cases involving wrongful death, the executor or administrator of the estate files the lawsuit on behalf of the beneficiaries.
If you're unsure about whether you're legally allowed to file, our attorneys can help clarify your options during your consultation. You don’t need to sort through it alone.
For Skilled Legal Guidance
Steps to File a Malpractice Case in Virginia
Medical malpractice cases in Virginia follow a specific process, which includes strict legal requirements and deadlines. It's important to act quickly if you suspect malpractice has occurred. The key steps you should take to file a malpractice case include the following.
Initial review: With your attorney, go over your medical records, timelines, and outcomes to determine whether malpractice may have occurred.
Expert opinion: Virginia law requires that a qualified medical expert support your claim. The expert must confirm that the standard of care was breached and that this breach caused your injury.
Filing a claim: Once you gather the necessary evidence, file the claim in court and serve the involved healthcare provider(s).
Discovery: Both parties will have the opportunity to exchange evidence and may take depositions. This step can reveal more details about what went wrong.
Negotiation or trial: Many cases settle before trial. If a fair offer isn’t made, your attorney will be prepared to take the case to court.
Malpractice cases can take time. However, at Ryalnd & Merchak, PC, our attorneys will make sure your voice is heard and your losses are taken seriously.
Potential Compensation for Malpractice
Medical mistakes can cause a wide range of harm, from physical pain and emotional trauma to financial strain. Patients who are injured due to medical malpractice can seek compensation for various damages. The most common types of compensation you may be able to recover include the following.
Medical expenses: This includes past hospital bills and the cost of future care. These costs can add up quickly, especially if ongoing treatment or rehabilitation is needed.
Lost income: If you missed work or can no longer work due to your injuries. This includes not only current lost wages but also loss of future earning potential.
Pain and suffering: Damages for physical pain and emotional distress. This accounts for the toll the injury takes on your daily life, relationships, and overall well-being.
Disability or disfigurement: If the injury caused long-term or permanent effects, you may be entitled to compensation for the lasting impact on your mobility, appearance, and quality of life.
Wrongful death: If you lost a loved one due to medical negligence, certain family members may be eligible to recover for funeral expenses and loss of companionship. These claims can also include the loss of future income and support the deceased would have provided.
Virginia does place a cap on damages in medical malpractice cases; however, this cap may change depending on the year the malpractice occurred. Our attorneys can help you understand what you might be entitled to based on your individual circumstances.
Medical Malpractice for Wrongful Death
When a patient dies due to a preventable medical mistake, the pain for the family is immeasurable. While no amount of money can undo the loss, Virginia law allows certain family members to bring a wrongful death claim in these situations.
In addition to the common types of compensation for a medical malpractice claim, you may be eligible for other types of compensation for a claim involving wrongful death, including funeral and burial expenses, loss of income or support that the deceased would have provided, or loss of companionship, comfort, and guidance.
If you suspect your loved one’s death was preventable, our attorneys are here to answer your questions and explain your options. We help grieving families in Woodbridge and the surrounding communities hold negligent providers accountable.
Statute of Limitations for Malpractice Cases
Virginia’s statute of limitations generally gives patients two years from the date of the alleged malpractice to file a lawsuit. However, some exceptions apply. For example, if a foreign object was left in a patient’s body or if the injury wasn’t discovered right away, the timeline might be extended.
That said, it’s critical to act quickly. Waiting too long can result in losing your legal right to pursue compensation. We encourage anyone who suspects they’ve been harmed by medical care to get legal advice from an experienced medical malpractice lawyer as early as possible. A short conversation can help you decide your next steps.
Medical Malpractice Lawyer Serving Woodbridge, Virginia
If you or someone you know has suffered an injury due to medical malpractice, it's essential to consult an experienced legal professional as soon as possible. At Ryland & Merchak, PC, we’re committed to helping injured patients and grieving families.
Located in Woodbridge, Virginia, we serve clients throughout Prince William County, Stafford County, Fairfax County, and the surrounding communities. Contact us today to schedule a consultation and take the first step toward recovery.