Virginia Jury Instruction - 1.3 Medical Malpractice Claim Against Hospital And Physician Statute Of Limitations Defense
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FAQ
In a medical malpractice case, the medical records are one of the most vital pieces of evidence in the case. Since the patient has the burden of proving negligence against the health care provider in a medical malpractice case, the written medical record can make or break a case.
There are four elements of medical malpractice, including a medical duty of care, breach of the duty, injury caused by the breach, and damages. When you pursue a claim based on medical error, you must establish each of these elements. Doctors and surgeons are trained to do no harm when treating their patients.
In Virginia, patients have a limited time frame to file a medical malpractice lawsuit. ing to Virginia Code § 8.01-243, plaintiffs generally have: 2 years from the date of injury to file suit against a healthcare provider.
The injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages.
Virginia law imposes a maximum cap on the amount of damages a plaintiff can get in a medical malpractice case. In 2023, the cap on malpractice damages in Virginia is around $2.5 million in total damages.
Virginia's Medical Malpractice Statute of Limitations This law gives claimants two years from the date the medical error occurred to file. It states that every action for personal injuries must be brought within two years of the accrual of the cause of action.
Then, you have to show the court that the doctor's actions or inactions were the direct cause of your illness and that your health was damaged as a direct result. Of those four components, causation is often the hardest element to prove in court.
Which Element of a Medical Malpractice Case is Hardest to Prove? The hardest element of a medical malpractice case to prove is the breach of the duty of care, the second element. This is because proving that the medical provider acted in a way that was not reasonable can be difficult.