The first step is to meet with an attorney experienced with handling medical malpractice cases. I have spoken to numerous people in the past who have consulted with an attorney friend or relative, usually in another state, and usually one with no medical malpractice experience.
This attorney “friend” or “relative” has told them that they have a case, even though the attorney has not reviewed any of the medical records, nor has he ever had any experience with a medical malpractice case, let alone one in Virginia. An opinion from that person means very little.
The second step is for the attorney and/or his staff to review the medical records to determine if the case appears meritorious. Assuming the case passes this test, the case is then reviewed by a medical expert(s).
In Virginia, before any medical malpractice lawsuit may be filed, a certificate of merit must be obtained. The statute says you must have “a written opinion signed by the expert witness that, based upon a reasonable understanding of the facts, the defendant for whom service of process has been requested deviated from the applicable standard of care and the deviation was a proximate cause of the injuries claimed.”
This entire process can take several months and cost several thousand dollars. If you would like to get information about a potential med mal claim from an experienced Medical Malpractice Lawyer, call my office today at (540) 777-4900 or toll free at (877) 471-3353.
