Settlement
If the clients agree, the attorneys on both sides can enter into settlement negotiations in an attempt to resolve the case before it goes to trial. With trial, there is always a chance that the jury will rule against you even with the best evidence and experts, so many clients seek settlement where there is a guarantee for both sides.

Trial
You’ve seen My Cousin Vinny? Well, trial is not too far different from that movie. Its emotional, and it can be a long – and often a very draining experience, but at the end of the day, you are trusting a jury of your peers to determine whether your health care provider was negligent, and if so, what damages his/her negligence caused.

Parties
Well, now that your attorney has decided you have a malpractice claim, and you know that it is a long and detailed process; you must decide who will be named as defendants. Often it will be the doctor or nurse who failed to provide care, and their employer.

Please note that there are many healthcare providers in Virginia that you cannot sue for malpractice as they are considered employees of the state, and thus entitled to sovereign immunity.

Burden of Proof

You cannot just tell the jury that you think the doctor or health care provider messed up. In Virginia, you must prove the following:

1. That the health care provider failed to provide care in accordance with “the degree of skill and diligence practiced by a reasonably prudent practitioner in the field of practice or specialty in this Commonwealth”

2. That the health care provider’s negligence was the cause of your damages.

This is a very high standard to meet – what if your physician could have been the cause of your injury, but you have similar health problems which also could have caused your injury and pain. NO MALPRACTICE CLAIM.

Limitations
Ever read about big huge verdicts in the paper?

Well, they are not likely Virginia cases. The General Assembly has established a “cap” on what you can recover in any medical malpractice action (no matter how many defendants are involved or how large your damages), which is based on the year the negligent care occurred as follows:

• 2000
  Optimize Your Online Home Based Business Ads
  Getting your online ads noticed in today's competitive internet market is becoming increasingly difficult. Due to the highly effective and inexpensive nature of online advertising, home business entrepreneurs have flooded the market with their message - buy my product! With the sudden saturation of the advertising market, home business owners are looking for creative ways to circumvent the glut of text ads and get noticed with alternative methods. In this article, I will show you a very simple, yet highly effective way to make your ads stand out above the rest and get you sales!One of the most effective and often used online locations to place your ads is Craigslist© This site is a tremendous place to advertise your product or service due to the phenominal traffic that their site generates. However, due to the overwhelming volume of ads that are placed there everyday, readers will likely scroll right past your ad unless you are able to stand out above the rest without using crazy titles to entice readers to click on your ad. The hottest way to generate traffic to your site is by getting img placed next to your title.Accomplishing this is simple. Follow these simple instructions and you will be on your way to a considerable increase in potential clients directly looking at your ad. Your first task is to download any version of a WYSIWYG (what you see is what you get) html editor. Just type this into your favorite search engine search box and you will have a multitude of options to choose from. Be sure to choose one that is free to download. There is no need to purchase one for this simple exercise.Once you have downloaded this software, it is time to utilize it to stir
  You can define “Medical Malpractice,” can’t you? You may know what it means, but I would be surprised if you have actually considered how to file a med mal claim. This article briefly outlines what Medical Malpractice means in Virginia, from the letter of the law, to the process families undergo when filing a Medical Malpractice Claim. Please note, the laws are often being changed, so always consult an attorney about your specific case, AS SOON AS POSSIBLE.

  Definition

  Under Virginia law, Medical Malpractice means “any tort action or breach of contract action for personal injuries or wrongful death, based on health care or professional services rendered, or which should have been rendered, by a health care provider, to a patient. Put simply, medical malpractice claims arise from health care worker / patient relationships, where the patient experiences damages (physical and/or financial), as a result of the health care provider’s negligence.

  Clearly, you know who your doctor is, but who is included in the legal definition of “health care provider?” Virginia case law has frequently defined who is, and who is not a health care provider. For example, a physician with an expired license is not a health care provider and is therefore not covered by the laws in the Virginia Medical Malpractice Act. A laboratory is not likely considered a health care provider. A nurse however, is a health care provider. A nursing home is also a health care provider. Tell your attorneys who you believe was involved, and allow them to do the research to determine whether or not your case is technically a medical malpractice claim.

  Statute of Limitations

  Claim for an Adult
  In Virginia, most personal injury actions against health care providers must be filed with the Court within two years of the date of the negligence.

  In a case involving a foreign object (surgical sponges, needles, etc.), you have the two-year limitations from the date of negligence, or “a period of one year from the date the object is discovered or reasonably should have been discovered” – whichever period of time is longer.

  In Virginia, under limited circumstances, you may be able to file a medical malpractice claim after the two year statute of limitations under what is called the continuing treatment doctrine. This rule is very complicated, and not a sure bet – so as previously stated, speak with an attorney as soon as possible to allow sufficient time to investigate and possibly file your claim.

  Claim for a Minor
  The rules for children are different. If you are under the age of 18, you are deemed to be a minor in Virginia. If the parent or guardian of a minor wants to file a claim for damage to property (their child being the property), the parent or guardian has five years after the damage, to bring the suit. You will not be able to recover anything but the actual damages or medical bills.

  To bring a medical malpractice claim for damage sustained by a minor, it gets even more confusing. Virginia law provides that if the child is less than 8 years old at the time of the injury, they have until their 10th birthday to bring the claim. If the child was older than ten at the time of the negligence, they have two years from that date to file the action.

  Virginia Code §8.01-229 states that if one is under a disability (which includes under the age of 18), they have until they are 18 to bring the claim. Please note, the Virginia Supreme Court recently held in medical malpractice cases, it is not until you are 18, plus two years – it is until they are 18 and then the statute expires.

  The moral of the story is – with a possible malpractice claim involving a child – call an attorney immediately to find out when your cause of action must be filed.

  Wrongful Death Claim
  If the negligence of the health care provider caused the death of your loved one and you want to file suit, the claim is called a wrongful death claim. Virginia Code §8.01-244 states that such “action shall be brought by the personal representative of the decedent within two years after the death of the injured person.”

  What is the process of filing a malpractice claim?

  Investigating / Reviewing Records
  Every attorney who is approached about a medical malpractice case will first need to review the relevant medical records. In our office, we prefer the family request these records so the facility or doctor is not made aware of attorney involvement. Once the records are requested, a doctor or hospital has 3 days to produce the records to the family. Under federal law, a nursing home must produce requested records within 2 business days. The hospital, doctor, or nursing home is allowed to charge a reasonable copying fee.

  Once you get the records, the attorney, staff or a third party will review the records for the attorney. The purpose of the review is to make sure all the records are present and that the records reflect the events as told to the family, etc. It will take most law offices 2-4 weeks to review the records and decide whether it is a case worth investigating.

  Expert Review
  If your attorneys believe the case is worthy of further investigation, after reviewing the medical records, they will seek an expert review of the case. An expert is basically a licensed physician who practices medicine in the same field, or specialty, as the health care provider you believe acted negligently.

  In Virginia, an expert is required in almost all cases to establish what the health care provider did wrong or should have done. A second expert may be necessary to establish that the defendant health care provider’s negligence caused the damages suffered by you or your loved one. And you just can’t hire any doctor – your expert must meet a certain set of standards established by Virginia Courts, which includes an understanding of the state wide standard of care, in addition to sufficient knowledge skill and experience. Typically, your attorney will find the experts for you.

  Experts are not cheap! Typically an expert will charge $300-$400 an hour to review a case. They may increase their fees for court time and depositions. Experts will be the largest cost in any malpractice case. Paying the experts falls upon the family. Because attorneys are prohibited from forwarding money to their clients in Virginia, law firms will require families to pay a cash retainer to the law firm, so the firm can pay the experts for their review and time.

  Certification
  If the expert believes malpractice occurred, they will have to certify their opinion in writing. This is a new requirement in Virginia. Virginia Code § 8.01-20.1 and Virginia Code §8.01-50.1 require in all medical malpractice and wrongful death actions a written opinion signed by the expert, that the defendant has deviated from the applicable standard of care and the deviation was a proximate cause of the injuries/death.

  Filing Suit/Arbitration
  From start to end, a lawsuit in Virginia State Courts could take 1-2 years.

  If your expert has certified the case, the next step is filing the lawsuit. Now, a medical malpractice case in Virginia is called a COMPLAINT. The Complaint will be drafted by your attorney and will include a list of the relevant facts and allegations of negligence. It will be filed in the City or County Court where the negligent treatment occurred, or where the patient lived at the time of the treatment. After it is filed, it will be served on the defendants. This usually means a Sheriff will deliver the document and the defendant then has less than 1 month to respond to the lawsuit.

  Please note – not everyone will have the opportunity to have a jury hear their claim in Court. Many health care contracts ask patients to waive their rights to a jury trial and agree to submit all disputes to arbitration. WE STRONGLY ADVISE AGAINST ALL ABRITRATION AGREEMENTS FOR MANY REASONS. See March / August 2006 articles on http://legalmedicine.blogspot.com/

  If, however, you have signed an Arbitration Agreement, you have at least sixty days after the termination of health care to revoke the agreement. If such termination is by death or if death occurs within sixty days after termination, you will have a period of at least sixty days after the appointment and qualification of the guardian, conservator or committee or personal representative to revoke the arbitration agreement.

  Written Discovery
  After the lawsuit is filed, both sides will issue what is called written discovery. Written discovery is where lawyers on both sides request documents and answers to questions under oath. These questions and answers become the building blocks of the case and will often consume many months of the case.

  Depositions
  In addition to written discovery, both sides are given the opportunity to question their opponents’ witnesses and clients under oath. Plaintiffs will almost always be deposed, as well as various employees of the defendant, other treating physicians, and experts. Depositions are usually held in an attorney’s office, with both attorneys, a court reporter, and other witnesses present.

  Settlement
  If the clients agree, the attorneys on both sides can enter into settlement negotiations in an attempt to resolve the case before it goes to trial. With trial, there is always a chance that the jury will rule against you even with the best evidence and experts, so many clients seek settlement where there is a guarantee for both sides.

  Trial
  You’ve seen My Cousin Vinny? Well, trial is not too far different from that movie. Its emotional, and it can be a long – and often a very draining experience, but at the end of the day, you are trusting a jury of your peers to determine whether your health care provider was negligent, and if so, what damages his/her negligence caused.

  Parties
  Well, now that your attorney has decided you have a malpractice claim, and you know that it is a long and detailed process; you must decide who will be named as defendants. Often it will be the doctor or nurse who failed to provide care, and their employer.

  Please note that there are many healthcare providers in Virginia that you cannot sue for malpractice as they are considered employees of the state, and thus entitled to sovereign immunity.

  Burden of Proof

  You cannot just tell the jury that you think the doctor or health care provider messed up. In Virginia, you must prove the following:

  1. That the health care provider failed to provide care in accordance with “the degree of skill and diligence practiced by a reasonably prudent practitioner in the field of practice or specialty in this Commonwealth”

  2. That the health care provider’s negligence was the cause of your damages.

  This is a very high standard to meet – what if your physician could have been the cause of your injury, but you have similar health problems which also could have caused your injury and pain. NO MALPRACTICE CLAIM.

  Limitations
  Ever read about big huge verdicts in the paper?

  Well, they are not likely Virginia cases. The General Assembly has established a “cap” on what you can recover in any medical malpractice action (no matter how many defendants are involved or how large your damages), which is based on the year the negligent care occurred as follows:

  • 2000 -
    Retail Sales Training Tip-To Improve Your Sales Results-Stop Talking-Start Listening
    ACTIVE LISTENINGGood retail salespeople are good, active listeners. By listening, they really understand what customers want, and they are quick to develop a relationship of trust. Active listening implies that all your attention is focussed on the person talking to you and that you are really taking in what the person is saying.HOW TO LISTEN WELLHere are a few strategies for establishing better communication with customers through active listening.Let your customer speakWhen people choose to work in sales, it is usually because they like to be around other people. Often, they like to talk a lot, too. Listening, however, is not always one of their outstanding qualities. The most basic rule for listening well is to make sure that only one person is talking at a time. We can’t talk and listen at the same time, so listen - and let the customer do the talking.Show your customer that you understandWhen a customer is speaking, listen carefully and maintain eye contact. Use body language, such as nodding your head, to show the customer that you understand.Repeat in your own words what the customer has said, for example: “So you’ve been feeling tired for about three months, and you haven’t been sleeping well. Is that right?”Avoid distractionsNo matter what else is going on in the store and how distracting it might be, give your customer your full attention.If you need to obtain personal information from a customer to identify their needs correctly, make sure no one else can hear the conversation. If necessary, take your customer aside, to a quiet
    strong>continuing treatment doctrine. This rule is very complicated, and not a sure bet – so as previously stated, speak with an attorney as soon as possible to allow sufficient time to investigate and possibly file your claim.

    Claim for a Minor
    The rules for children are different. If you are under the age of 18, you are deemed to be a minor in Virginia. If the parent or guardian of a minor wants to file a claim for damage to property (their child being the property), the parent or guardian has five years after the damage, to bring the suit. You will not be able to recover anything but the actual damages or medical bills.

    To bring a medical malpractice claim for damage sustained by a minor, it gets even more confusing. Virginia law provides that if the child is less than 8 years old at the time of the injury, they have until their 10th birthday to bring the claim. If the child was older than ten at the time of the negligence, they have two years from that date to file the action.

    Virginia Code §8.01-229 states that if one is under a disability (which includes under the age of 18), they have until they are 18 to bring the claim. Please note, the Virginia Supreme Court recently held in medical malpractice cases, it is not until you are 18, plus two years – it is until they are 18 and then the statute expires.

    The moral of the story is – with a possible malpractice claim involving a child – call an attorney immediately to find out when your cause of action must be filed.

    Wrongful Death Claim
    If the negligence of the health care provider caused the death of your loved one and you want to file suit, the claim is called a wrongful death claim. Virginia Code §8.01-244 states that such “action shall be brought by the personal representative of the decedent within two years after the death of the injured person.”

    What is the process of filing a malpractice claim?

    Investigating / Reviewing Records
    Every attorney who is approached about a medical malpractice case will first need to review the relevant medical records. In our office, we prefer the family request these records so the facility or doctor is not made aware of attorney involvement. Once the records are requested, a doctor or hospital has 3 days to produce the records to the family. Under federal law, a nursing home must produce requested records within 2 business days. The hospital, doctor, or nursing home is allowed to charge a reasonable copying fee.

    Once you get the records, the attorney, staff or a third party will review the records for the attorney. The purpose of the review is to make sure all the records are present and that the records reflect the events as told to the family, etc. It will take most law offices 2-4 weeks to review the records and decide whether it is a case worth investigating.

    Expert Review
    If your attorneys believe the case is worthy of further investigation, after reviewing the medical records, they will seek an expert review of the case. An expert is basically a licensed physician who practices medicine in the same field, or specialty, as the health care provider you believe acted negligently.

    In Virginia, an expert is required in almost all cases to establish what the health care provider did wrong or should have done. A second expert may be necessary to establish that the defendant health care provider’s negligence caused the damages suffered by you or your loved one. And you just can’t hire any doctor – your expert must meet a certain set of standards established by Virginia Courts, which includes an understanding of the state wide standard of care, in addition to sufficient knowledge skill and experience. Typically, your attorney will find the experts for you.

    Experts are not cheap! Typically an expert will charge $300-$400 an hour to review a case. They may increase their fees for court time and depositions. Experts will be the largest cost in any malpractice case. Paying the experts falls upon the family. Because attorneys are prohibited from forwarding money to their clients in Virginia, law firms will require families to pay a cash retainer to the law firm, so the firm can pay the experts for their review and time.

    Certification
    If the expert believes malpractice occurred, they will have to certify their opinion in writing. This is a new requirement in Virginia. Virginia Code § 8.01-20.1 and Virginia Code §8.01-50.1 require in all medical malpractice and wrongful death actions a written opinion signed by the expert, that the defendant has deviated from the applicable standard of care and the deviation was a proximate cause of the injuries/death.

    Filing Suit/Arbitration
    From start to end, a lawsuit in Virginia State Courts could take 1-2 years.

    If your expert has certified the case, the next step is filing the lawsuit. Now, a medical malpractice case in Virginia is called a COMPLAINT. The Complaint will be drafted by your attorney and will include a list of the relevant facts and allegations of negligence. It will be filed in the City or County Court where the negligent treatment occurred, or where the patient lived at the time of the treatment. After it is filed, it will be served on the defendants. This usually means a Sheriff will deliver the document and the defendant then has less than 1 month to respond to the lawsuit.

    Please note – not everyone will have the opportunity to have a jury hear their claim in Court. Many health care contracts ask patients to waive their rights to a jury trial and agree to submit all disputes to arbitration. WE STRONGLY ADVISE AGAINST ALL ABRITRATION AGREEMENTS FOR MANY REASONS. See March / August 2006 articles on http://legalmedicine.blogspot.com/

    If, however, you have signed an Arbitration Agreement, you have at least sixty days after the termination of health care to revoke the agreement. If such termination is by death or if death occurs within sixty days after termination, you will have a period of at least sixty days after the appointment and qualification of the guardian, conservator or committee or personal representative to revoke the arbitration agreement.

    Written Discovery
    After the lawsuit is filed, both sides will issue what is called written discovery. Written discovery is where lawyers on both sides request documents and answers to questions under oath. These questions and answers become the building blocks of the case and will often consume many months of the case.

    Depositions
    In addition to written discovery, both sides are given the opportunity to question their opponents’ witnesses and clients under oath. Plaintiffs will almost always be deposed, as well as various employees of the defendant, other treating physicians, and experts. Depositions are usually held in an attorney’s office, with both attorneys, a court reporter, and other witnesses present.

    Settlement
    If the clients agree, the attorneys on both sides can enter into settlement negotiations in an attempt to resolve the case before it goes to trial. With trial, there is always a chance that the jury will rule against you even with the best evidence and experts, so many clients seek settlement where there is a guarantee for both sides.

    Trial
    You’ve seen My Cousin Vinny? Well, trial is not too far different from that movie. Its emotional, and it can be a long – and often a very draining experience, but at the end of the day, you are trusting a jury of your peers to determine whether your health care provider was negligent, and if so, what damages his/her negligence caused.

    Parties
    Well, now that your attorney has decided you have a malpractice claim, and you know that it is a long and detailed process; you must decide who will be named as defendants. Often it will be the doctor or nurse who failed to provide care, and their employer.

    Please note that there are many healthcare providers in Virginia that you cannot sue for malpractice as they are considered employees of the state, and thus entitled to sovereign immunity.

    Burden of Proof

    You cannot just tell the jury that you think the doctor or health care provider messed up. In Virginia, you must prove the following:

    1. That the health care provider failed to provide care in accordance with “the degree of skill and diligence practiced by a reasonably prudent practitioner in the field of practice or specialty in this Commonwealth”

    2. That the health care provider’s negligence was the cause of your damages.

    This is a very high standard to meet – what if your physician could have been the cause of your injury, but you have similar health problems which also could have caused your injury and pain. NO MALPRACTICE CLAIM.

    Limitations
    Ever read about big huge verdicts in the paper?

    Well, they are not likely Virginia cases. The General Assembly has established a “cap” on what you can recover in any medical malpractice action (no matter how many defendants are involved or how large your damages), which is based on the year the negligent care occurred as follows:

    • 2000
      How a Non-Car Guy Taking Over Ford Relates to You Becoming a Successful Entrepreneur
      Bill Ford (a car guy by blood) stepping aside and giving the job to Alan Mulally, formally president and CEO of Boeing Commercial Airlines (a non-car guy) states loudly and clearly that lack of industry specific experience is no reason to hesitate taking on a business you know little or nothing about. With just a bit more focusing you probably have all that you need to be a successful business owner.In the late nineties I took over the responsibility for a $30 million precision parts manufacturing company that served the auto industry. I made a number of trips to Detroit to talk with our customers and our plant received many engineers from our US and foreign based customers. The people employed by the US companies labeled me a non-car guy and basically paid no attention to my comments, ideas and plans. Those who worked for the foreign companies, however, looked at me as a qualified person who, as part of a team, would be able to do his part in finding solutions to problems and improving the production processes for their parts.It was immediately obvious to me that there were two different cultures in place and that they each had their origins at the executive level of the companies we were working with.I believe that you can succeed as an entrepreneur, as the CEO of your business, even if you have never run a business. There are many keys to being successful such as: getting involved with something that you like and enjoy doing, recognizing your limitations and taking the necessary steps to add the resources that will minimize their impact, working hard, making a plan and knowing when and why the plan needs to be modified - and many more. But the most important attribute is to
      cords to the family. Under federal law, a nursing home must produce requested records within 2 business days. The hospital, doctor, or nursing home is allowed to charge a reasonable copying fee.

      Once you get the records, the attorney, staff or a third party will review the records for the attorney. The purpose of the review is to make sure all the records are present and that the records reflect the events as told to the family, etc. It will take most law offices 2-4 weeks to review the records and decide whether it is a case worth investigating.

      Expert Review
      If your attorneys believe the case is worthy of further investigation, after reviewing the medical records, they will seek an expert review of the case. An expert is basically a licensed physician who practices medicine in the same field, or specialty, as the health care provider you believe acted negligently.

      In Virginia, an expert is required in almost all cases to establish what the health care provider did wrong or should have done. A second expert may be necessary to establish that the defendant health care provider’s negligence caused the damages suffered by you or your loved one. And you just can’t hire any doctor – your expert must meet a certain set of standards established by Virginia Courts, which includes an understanding of the state wide standard of care, in addition to sufficient knowledge skill and experience. Typically, your attorney will find the experts for you.

      Experts are not cheap! Typically an expert will charge $300-$400 an hour to review a case. They may increase their fees for court time and depositions. Experts will be the largest cost in any malpractice case. Paying the experts falls upon the family. Because attorneys are prohibited from forwarding money to their clients in Virginia, law firms will require families to pay a cash retainer to the law firm, so the firm can pay the experts for their review and time.

      Certification
      If the expert believes malpractice occurred, they will have to certify their opinion in writing. This is a new requirement in Virginia. Virginia Code § 8.01-20.1 and Virginia Code §8.01-50.1 require in all medical malpractice and wrongful death actions a written opinion signed by the expert, that the defendant has deviated from the applicable standard of care and the deviation was a proximate cause of the injuries/death.

      Filing Suit/Arbitration
      From start to end, a lawsuit in Virginia State Courts could take 1-2 years.

      If your expert has certified the case, the next step is filing the lawsuit. Now, a medical malpractice case in Virginia is called a COMPLAINT. The Complaint will be drafted by your attorney and will include a list of the relevant facts and allegations of negligence. It will be filed in the City or County Court where the negligent treatment occurred, or where the patient lived at the time of the treatment. After it is filed, it will be served on the defendants. This usually means a Sheriff will deliver the document and the defendant then has less than 1 month to respond to the lawsuit.

      Please note – not everyone will have the opportunity to have a jury hear their claim in Court. Many health care contracts ask patients to waive their rights to a jury trial and agree to submit all disputes to arbitration. WE STRONGLY ADVISE AGAINST ALL ABRITRATION AGREEMENTS FOR MANY REASONS. See March / August 2006 articles on http://legalmedicine.blogspot.com/

      If, however, you have signed an Arbitration Agreement, you have at least sixty days after the termination of health care to revoke the agreement. If such termination is by death or if death occurs within sixty days after termination, you will have a period of at least sixty days after the appointment and qualification of the guardian, conservator or committee or personal representative to revoke the arbitration agreement.

      Written Discovery
      After the lawsuit is filed, both sides will issue what is called written discovery. Written discovery is where lawyers on both sides request documents and answers to questions under oath. These questions and answers become the building blocks of the case and will often consume many months of the case.

      Depositions
      In addition to written discovery, both sides are given the opportunity to question their opponents’ witnesses and clients under oath. Plaintiffs will almost always be deposed, as well as various employees of the defendant, other treating physicians, and experts. Depositions are usually held in an attorney’s office, with both attorneys, a court reporter, and other witnesses present.

      Settlement
      If the clients agree, the attorneys on both sides can enter into settlement negotiations in an attempt to resolve the case before it goes to trial. With trial, there is always a chance that the jury will rule against you even with the best evidence and experts, so many clients seek settlement where there is a guarantee for both sides.

      Trial
      You’ve seen My Cousin Vinny? Well, trial is not too far different from that movie. Its emotional, and it can be a long – and often a very draining experience, but at the end of the day, you are trusting a jury of your peers to determine whether your health care provider was negligent, and if so, what damages his/her negligence caused.

      Parties
      Well, now that your attorney has decided you have a malpractice claim, and you know that it is a long and detailed process; you must decide who will be named as defendants. Often it will be the doctor or nurse who failed to provide care, and their employer.

      Please note that there are many healthcare providers in Virginia that you cannot sue for malpractice as they are considered employees of the state, and thus entitled to sovereign immunity.

      Burden of Proof

      You cannot just tell the jury that you think the doctor or health care provider messed up. In Virginia, you must prove the following:

      1. That the health care provider failed to provide care in accordance with “the degree of skill and diligence practiced by a reasonably prudent practitioner in the field of practice or specialty in this Commonwealth”

      2. That the health care provider’s negligence was the cause of your damages.

      This is a very high standard to meet – what if your physician could have been the cause of your injury, but you have similar health problems which also could have caused your injury and pain. NO MALPRACTICE CLAIM.

      Limitations
      Ever read about big huge verdicts in the paper?

      Well, they are not likely Virginia cases. The General Assembly has established a “cap” on what you can recover in any medical malpractice action (no matter how many defendants are involved or how large your damages), which is based on the year the negligent care occurred as follows:

      • 2000
        5 Quick and Easy Steps On HOW-TO Send Your Website A SURGE Of Amazon's Traffic For FREE!
        What I'm about to reveal to you in this article will literally change the way you look at 'Amazon' forever.As you know, Amazon is a buyers market place and is a VERY powerful search engine for products of all sorts, especially Books.Now, you're probably saying to yourself, "yeah, I already know that about Amazon, but how do I get my share of Amazon's traffic?".Well, I'm going to answer that question in just a few moments, but first, here's just some of the benefits you'll receive once you've 'Set-Up' what I'm about to show you:- you'll position yourself as an Expert within your Niche- you'll receive Highly Targeted traffic to your website- you'll be able to build a HIGHLY targeted 'Opt-In' listThose are some pretty Powerful benefits wouldn't you say?And who would of ever guessed that Amazon could deliver this to you.I only recently learned of this tactic myself from a Very well known Internet marketer who was kind enough to share it with me.So now, I'm going to do the same for you.Are you ready to see what Amazon can do for your Business and Credibility?Enough said, lets get started.Step #1. Set up a account with Amazon.This is the easiest part of the whole task. Simply go to http://www.amazon.com and set up an account for yourself.This should only take a few minutes and is very straight forward.Step #2. Click on your "Your Name" Store tab.Once you've set up your account you should have been given a password in order to login to your account.If you're not logged in already, login now.Now, from within the members area
        ate cause of the injuries/death.

        Filing Suit/Arbitration
        From start to end, a lawsuit in Virginia State Courts could take 1-2 years.

        If your expert has certified the case, the next step is filing the lawsuit. Now, a medical malpractice case in Virginia is called a COMPLAINT. The Complaint will be drafted by your attorney and will include a list of the relevant facts and allegations of negligence. It will be filed in the City or County Court where the negligent treatment occurred, or where the patient lived at the time of the treatment. After it is filed, it will be served on the defendants. This usually means a Sheriff will deliver the document and the defendant then has less than 1 month to respond to the lawsuit.

        Please note – not everyone will have the opportunity to have a jury hear their claim in Court. Many health care contracts ask patients to waive their rights to a jury trial and agree to submit all disputes to arbitration. WE STRONGLY ADVISE AGAINST ALL ABRITRATION AGREEMENTS FOR MANY REASONS. See March / August 2006 articles on http://legalmedicine.blogspot.com/

        If, however, you have signed an Arbitration Agreement, you have at least sixty days after the termination of health care to revoke the agreement. If such termination is by death or if death occurs within sixty days after termination, you will have a period of at least sixty days after the appointment and qualification of the guardian, conservator or committee or personal representative to revoke the arbitration agreement.

        Written Discovery
        After the lawsuit is filed, both sides will issue what is called written discovery. Written discovery is where lawyers on both sides request documents and answers to questions under oath. These questions and answers become the building blocks of the case and will often consume many months of the case.

        Depositions
        In addition to written discovery, both sides are given the opportunity to question their opponents’ witnesses and clients under oath. Plaintiffs will almost always be deposed, as well as various employees of the defendant, other treating physicians, and experts. Depositions are usually held in an attorney’s office, with both attorneys, a court reporter, and other witnesses present.

        Settlement
        If the clients agree, the attorneys on both sides can enter into settlement negotiations in an attempt to resolve the case before it goes to trial. With trial, there is always a chance that the jury will rule against you even with the best evidence and experts, so many clients seek settlement where there is a guarantee for both sides.

        Trial
        You’ve seen My Cousin Vinny? Well, trial is not too far different from that movie. Its emotional, and it can be a long – and often a very draining experience, but at the end of the day, you are trusting a jury of your peers to determine whether your health care provider was negligent, and if so, what damages his/her negligence caused.

        Parties
        Well, now that your attorney has decided you have a malpractice claim, and you know that it is a long and detailed process; you must decide who will be named as defendants. Often it will be the doctor or nurse who failed to provide care, and their employer.

        Please note that there are many healthcare providers in Virginia that you cannot sue for malpractice as they are considered employees of the state, and thus entitled to sovereign immunity.

        Burden of Proof

        You cannot just tell the jury that you think the doctor or health care provider messed up. In Virginia, you must prove the following:

        1. That the health care provider failed to provide care in accordance with “the degree of skill and diligence practiced by a reasonably prudent practitioner in the field of practice or specialty in this Commonwealth”

        2. That the health care provider’s negligence was the cause of your damages.

        This is a very high standard to meet – what if your physician could have been the cause of your injury, but you have similar health problems which also could have caused your injury and pain. NO MALPRACTICE CLAIM.

        Limitations
        Ever read about big huge verdicts in the paper?

        Well, they are not likely Virginia cases. The General Assembly has established a “cap” on what you can recover in any medical malpractice action (no matter how many defendants are involved or how large your damages), which is based on the year the negligent care occurred as follows:

        • 2000
          Attaining The Career Of Your Dreams
          In order for you to attain the job of your dreams, you must first learn to value your life and maximise your full potential.Teach us to number our days aright, that we may gain a heart of wisdom - PsalmistThe perception you have about your life and life in general will determine your decisions in life. These decisions are what determine what you achieve.Did you actually know that your decisions can determine your actions and your actions, being consistent will develop your daily habits?It is imperative that you are aware of this non negotiable fact - Your habits will determine your attitude towards yourself, people, your and environment.It gets even better, your habits inevitably rebuilds your perception of life.It’s a perpetual circle that never fails to deliver repercussions that can either lead to your failure or success.The Million Dollar Question“If you had all the money in the world, all the status in the world and everything you could ever desire, what would you do everyday for the rest of your life?Now ask yourself another question:"What kind of lifestyle would you rather not have?"Try to be honest with this question:"With the way things are going right now, do you see yourself ending up living a lifestyle you could do without?"Write down your answer to each question. When you are done, you will have the answers to your "WHY'S" in life.If you know the answer to any "WHY" in your life, you can handle any WHAT, HOW, WHEN or WHERE.The answer to the first question will tell you "WHY" you should live a life of joy, peace, fulfillment and happiness.The answer
          other witnesses present.

          Settlement
          If the clients agree, the attorneys on both sides can enter into settlement negotiations in an attempt to resolve the case before it goes to trial. With trial, there is always a chance that the jury will rule against you even with the best evidence and experts, so many clients seek settlement where there is a guarantee for both sides.

          Trial
          You’ve seen My Cousin Vinny? Well, trial is not too far different from that movie. Its emotional, and it can be a long – and often a very draining experience, but at the end of the day, you are trusting a jury of your peers to determine whether your health care provider was negligent, and if so, what damages his/her negligence caused.

          Parties
          Well, now that your attorney has decided you have a malpractice claim, and you know that it is a long and detailed process; you must decide who will be named as defendants. Often it will be the doctor or nurse who failed to provide care, and their employer.

          Please note that there are many healthcare providers in Virginia that you cannot sue for malpractice as they are considered employees of the state, and thus entitled to sovereign immunity.

          Burden of Proof

          You cannot just tell the jury that you think the doctor or health care provider messed up. In Virginia, you must prove the following:

          1. That the health care provider failed to provide care in accordance with “the degree of skill and diligence practiced by a reasonably prudent practitioner in the field of practice or specialty in this Commonwealth”

          2. That the health care provider’s negligence was the cause of your damages.

          This is a very high standard to meet – what if your physician could have been the cause of your injury, but you have similar health problems which also could have caused your injury and pain. NO MALPRACTICE CLAIM.

          Limitations
          Ever read about big huge verdicts in the paper?

          Well, they are not likely Virginia cases. The General Assembly has established a “cap” on what you can recover in any medical malpractice action (no matter how many defendants are involved or how large your damages), which is based on the year the negligent care occurred as follows:

          • 2000 - $1,550,000.00
          • 2001 - $1,600,000.00
          • 2002 - $1,650,000.00
          • 2003 - $1,700,000.00
          • 2004 - $1,750,000.00
          • 2005 - $1,800,000.00
          • 2006 - $1,850,000.00
          • 2007 - $1,925,000.00
          • 2008 - $2,000,000.00
          Cost Filing a medical malpractice claim is not cheap. While most malpractice attorneys will accept your case on a contingency basis (meaning they don’t charge you an hourly rate for their time) – families, and not attorneys, must be responsible for the costs of litigation.

          The costs of litigation are:

          • Expert hourly fees
          • Copying costs
          • Long distance phone calls
          • Mileage for travel
          • Court costs
          • Court reporters

          When potential clients come into our office inquiring about a potential medical malpractice lawsuit, we advise them that the Expert Fees alone may exceed $25,000. Certainly something to think about if your only damages as a result of the doctor’s negligence is around $10,000.

          Outcome

          If you take a case to trial – there is no guarantee you will win. Virginians are wonderful people, but as everyone has a different opinion on politics, faith and justice – you cannot guarantee a Judge or Jury will rule in your favor, even with the best possible medical malpractice case.

          Filing a malpractice case will not bring back your loved one, or take away your pain. So each and every family must consider all of the factors before they pursue a claim.

          Conclusion
          If I can leave you with one piece of advice – it would be to: FIND AN ATTORNEY YOU TRUST – AND EVALUATE YOUR OPTIONS!!!