Charlottesville Medical Malpractice Lawyers

Medical malpractice occurs when a doctor, nurse, hospital, or other healthcare provider fails to meet the standard of care, causing injury to a patient​. These cases often result in devastating consequences from life-changing injuries to wrongful death. Victims face steep medical bills, lost income, and immense pain and suffering.

You do not have to face this situation alone. Our attorneys have recovered millions of dollars against the insurance companies to help our clients rebuild their lives and move forward. for our clients. We have a proven track record of success that shows our commitment to justice for injured patients.

How Our Medical Malpractice Lawyers Can Help

A medical malpractice case is overwhelming. You might be dealing with physical recovery, emotional trauma, and financial stress all at once. We handle every aspect of the legal process so you can focus on healing:

Free Consultation
The process begins with your free initial consultation. We listen carefully to your story, answer your questions, and evaluate the viability of your case. We discuss potential next steps and clearly outline what you can expect, ensuring you feel informed and comfortable from the start.

Investigation
Our legal team gathers all relevant medical records, hospital reports, imaging studies, and test results. We thoroughly review these documents to pinpoint exactly how and when the medical care went wrong.

Expert Review
Medical malpractice cases require expert testimony. We consult with top medical experts in relevant fields to analyze your treatment and confirm that the healthcare provider deviated from the accepted standard of care. Their insights are crucial in building a compelling, evidence-based case.

Negotiation
Our attorneys initiate negotiations with the insurance company. We present the strength of your case persuasively, advocating aggressively for a fair settlement that covers all your current and future needs. We keep you closely informed at every stage, advising you on any settlement offers and ensuring no decision is made without your input and approval.

Filing a Lawsuit
If negotiations don’t yield an acceptable offer, we promptly file a medical malpractice lawsuit on your behalf. Our legal team ensures all paperwork meets Virginia’s strict legal requirements and statutes of limitations, managing every aspect of the filing process for you.

Discovery
Once a lawsuit is filed, we enter the discovery phase, exchanging evidence and information with the defense. This includes depositions, document requests, interrogatories, and additional expert analysis. Our team skillfully navigates these complex steps, ensuring your rights remain protected throughout.

Mediation
Before trial, mediation or additional negotiations may take place. We represent you confidently in these settings, working toward a beneficial resolution without the need for a courtroom battle. If mediation is successful, we finalize settlement terms clearly and efficiently.

Trial
If the opposing side refuses to offer a fair settlement, our seasoned trial lawyers take your case to court. With decades of courtroom success—including multiple multi-million-dollar verdicts—we confidently present your story to a jury, leveraging powerful expert testimony, compelling evidence, and persuasive legal arguments.

Throughout every step, MichieHamlett Trial Attorneys remain committed to your well-being, providing compassionate guidance and clear communication until justice is fully served.

How Much Does a Medical Malpractice Case Cost?

MichieHamlett offers free consultations for medical malpractice cases. We will listen to your story and help evaluate whether you may have a viable malpractice claim. We know that after a medical trauma, you have enough financial worries, so we make it easy to consult a lawyer without added expense.

Our firm also operates on a contingency fee basis for medical malpractice and personal injury cases. This means you pay no attorney’s fees upfront, and no fees at all unless and until we recover compensation for you. Our fee is a percentage of the settlement or judgment we obtain, which we will discuss transparently with you. The contingency fee structure aligns our interests with yours – we only get paid when you get paid.

What Are the Elements of a Medical Malpractice Case?

Under Virginia law, the patient must prove the following elements in a medical malpractice claim:

Negligence: Essentially, you must show that the doctor did something that a reasonably competent practitioner in the same field would not have done under similar circumstances​. Virginia law requires an independent medical expert to support the claim.

Causation: You will need to prove that but for the doctor’s negligence, the patient would have avoided the harm that they ultimately suffered.

Damages: You will need to show that the medical provider’s negligence caused harm that resulted in damages to you or your loved one, such as medical bills, out-of-pocket expenses, lost wages, diminished earning capacity, loss of enjoyment of life, emotional distress, and pain and suffering.

Is There a Deadline to File Your Medical Malpractice Case?

In general, there is a two-year statute of limitations for filing a medical malpractice lawsuit in Virginia​. You must file the claim within two years from the date of the malpractice or injury. There are some exceptions – for instance, if the injury is not discovered right away, the law may extend the deadline such as in cases of a retained surgical instrument or a misdiagnosed condition. These deadlines make it critical to contact an attorney as soon as you suspect malpractice, so we can ensure your claim is timely and preserves your rights.

Is There a Cap on Damages for Medical Malpractice Cases?

Yes. Under Virginia Code § 8.01-581.15, the total amount a patient can recover for a malpractice injury is limited by statute​. This cap increases slightly each year. For example, for malpractice occurring between July 1, 2022 and June 30, 2023, the cap is $2.55 million​, and it will gradually rise to $3 million for cases on or after July 1, 2031​.

Types of Medical Malpractice Cases

Some common types of medical malpractice can include:

Surgical Errors: Mistakes made during surgery can be catastrophic. Examples include operating on the wrong body part, performing the wrong procedure, damaging organs, or leaving surgical instruments inside a patient. Surgical errors often lead to serious complications, infections, or the need for additional corrective surgeries.

Misdiagnosis or Delayed Diagnosis: A misdiagnosis occurs when a doctor incorrectly diagnoses a condition, or fails to diagnose a serious illness in a timely manner. We handle cases involving missed diagnoses of strokes, infections, cancers, and other critical conditions, as well as incorrect diagnoses that lead to harmful treatments.

Birth Injuries: Negligence by obstetricians, nurses, or other medical staff during pregnancy or childbirth can cause severe injuries to the newborn or the mother. Birth injuries can include brain damage from lack of oxygen leading to cerebral palsy, nerve damage such as Erb’s palsy from improper use of forceps, fractures, or maternal injuries from surgical errors in a C-section.

Medication Errors: A doctor might prescribe the wrong drug or dose, a nurse might administer a medication incorrectly, or a pharmacist could fill a prescription with the wrong medication. These errors can cause overdoses, dangerous drug interactions, allergic reactions, or a condition going untreated. We work with pharmacology experts to trace how the error happened and how proper care would have prevented the harm.

Anesthesia Errors: Giving too much anesthesia, failing to monitor vital signs, or not recognizing anesthesia complications can lead to brain injury, asphyxia, nerve damage, or death.

Hospital and Nursing Negligence: Inadequate patient monitoring, failure to prevent infections, improper staffing or training, or negligence by nurses and technicians can lead to catastrophic patient injuries.

Why Choose Our Law Firm

Our medical malpractice team includes attorneys who are widely recognized as leaders in this field. For example, partner Les S. Bowers was honored among “Virginia’s Go-To Lawyers” for medical malpractice law by Virginia Lawyers Weekly in 2021​.

Our attorneys have a proven track record of winning for our clients. In 2020, Virginia Lawyers Weekly reported that MichieHamlett secured five of the largest settlements in Virginia that year – each in excess of $1 million​. Those top-ranked results included multiple medical malpractice cases.

Some of the results we have obtained:

$1.7 million for the family of a Charlottesville-area man who died after doctors misread an EKG and sent him home, resulting in a heart attack​. (The treating physician ignored abnormal test results that indicated a brewing cardiac problem – a fatal mistake.)

$1.3 million for a woman who suffered a spinal cord injury and permanent neurological damage due to a surgeon’s improper technique during a spinal procedure​.

$1.2 million for a client who had a stroke during a cardiac catheterization because the surgical team attached a syringe of air to the wrong catheter, injecting air into his artery​. The patient fortunately survived, and our attorneys held the surgeon accountable for this serious error.

Contact Us

Don’t wait to find out your rights and protect your family’s future. If you suspect that you or a loved one was a victim of medical malpractice in Charlottesville or anywhere in Virginia, contact MichieHamlett Trial Attorneys today to schedule your free consultation​. We can be reached by phone at (434) 951-7200 or through our website contact form.