Medical Malpractice Attorneys in Fairfax

Last updated on June 18, 2024

A recent study at Johns Hopkins concluded that more than 250,000 deaths per year in the U.S. are due to medical error – making it the third leading cause of death in the country. If you have been injured or lost a loved one because of errors in medical care, Weiner, Spivey & Miller can help.

Since 2000, we have advocated for the victims and families of those who have been injured or killed due to the negligence of medical providers. Our attorneys have over 185 years of combined experience in investigating, negotiating and trying medical malpractice cases across Virginia, Maryland, and the District of Columbia.

The primary reason to speak with a knowledgeable medical malpractice attorney after you or a family member have been injured is to protect your interests. The insurance company of the doctors and medical institutions will begin working immediately to protect their “insured.” You need an experienced medical malpractice legal team to advocate for you.

What Constitutes Medical Malpractice?

All personal injury claims, including medical malpractice cases, are based upon one premise: an individual has been injured in an event that was someone else’s fault. Medical malpractice occurs when a hospital, doctor, nurse or other health care provider deviates from the acceptable standard of care in their treatment of a patient. Medical malpractice cases are some of the most complex and difficult to prove because the person bringing the case must clearly demonstrate that the medical provider deviated from the standard of care and that the deviation was the cause of their injuries.

Our legal team has a solid record of success in handling medical malpractice cases, including:

• Medical misdiagnosis
• Anesthesia injuries
• ER malpractice
• Medical procedure error
• Medication/pharmacy error

Recoverable Damages In A Medical Malpractice Case

Depending upon the state where the case is filed, and the specific circumstances of the case, compensation may include certain categories of “losses” stemming from the malpractice event.

These losses may include:

• Past and future medical expenses
• Past and future lost wages
• The nature, extent and probable duration of the injuries
• Past and future physical pain and mental anguish
• Disfigurement or deformity suffered.

Examples Of Our Assistance To The Victims Of Medical Malpractice

Incomplete appendectomy causes potential lethal infection: After undergoing a routine appendectomy, Linda was discharged from the hospital. She continued to have extreme pain in her abdomen and returned to the surgeon multiple times for follow up. Each time, the surgeon told her that she was “still healing”. After suffering extensive pain for two months, Linda saw another doctor who determined that part of her appendix was still in place. Emergency surgery was needed to correct the situation. Linda told Ed Weiner that she preferred not to go to trial. Ed saved Linda the stress and expense of depositions, pre-trial discovery, and court hearings by negotiating a confidential, six-figure settlement.

Seven-year-old dies as a result of medical misdiagnosis: Seven-year-old Margo arrived at a hospital ER with severe stomach pains. After an X-ray, she was diagnosed with ileus, a general malfunctioning of the gastrointestinal tract, and was discharged. The following day, Margo’s symptoms were worse and her mother brought her back to the ER. Margo was admitted to the hospital; however, her condition continued to deteriorate over the next three days. No CT scan, which would have shown the cause of her intestinal problem, was ever performed. On her fourth day in the hospital, Margo’s small intestine, which was twisted shut, ruptured. She died the following day. Ed Weiner negotiated a settlement of $625,000 for her family.

Poor medical care takes a young woman’s life: Laura was a junior in college – a biology major. Her dream was to become a pediatric dentist. Only Laura’s closest friends knew that she had sickle cell disease (SCD). SCD is a blood disorder that reduces the amount of oxygen being delivered throughout the body, resulting in pain and possible organ damage. In the past, most sickle cell patients died young. However, patients of Laura’s generation have close to normal life expectancies due to new treatment options and research in the field of hematology (the study of blood and blood disorders). In April and May, Laura was seen by her primary care provider for several sickle cell pain episodes, was treated with antibiotics and sent home. Her condition and her pain continued to worsen. After she was admitted to the hospital over Memorial Day weekend, Laura’s health declined; however, the doctor failed to request a consultation with a hematology specialist for nine days. By then, Laura’s lungs and heart weren’t functioning properly. She died on June 9 – exactly one month short of her 20th birthday. Ed Weiner negotiated a confidential settlement on behalf of Laura’s family shortly before trial.

Click here to see our results on behalf of our other clients.

Helping Medical Malpractice Victims Get The Compensation They Deserve

If you or a family member has been the victim of medical malpractice, we can help. Please call us at 703-273-9500, or contact us online. We will listen to your concerns and help you understand your legal options. There is no cost for the consultation.

What Went Wrong? Get Answers To Medical Malpractice FAQs.

At Weiner, Spivey & Miller, PLC, our Fairfax attorneys have a doctor on staff who also has a law degree, and we also work with a nurse expert. This gives us unique insight and understanding that we use to obtain more favorable outcomes for our clients in Virginia, Maryland and the District of Columbia. Here, we share our knowledge by answering some of the questions we most commonly hear.

• Are doctors allowed to make mistakes?
• What must be proven in a medical malpractice case?
• What is the hardest element to prove in medical malpractice?
• Is medical malpractice common? 
• What are Virginia law ‘caps’ in medical malpractice cases?
• What is the statute of limitations for a medical malpractice case in Virginia?

Are doctors allowed to make mistakes?

Everybody makes mistakes. When doctors make mistakes, however, patients can suffer lifelong consequences or even die. The law allows the victim and/or their close loved ones to file a civil claim for damages.

What must be proven in a medical malpractice case?

Generally, the following has to be proven:

• The patient was owed a duty of care.
• The health care professional failed to uphold the standard of care that could reasonably be expected from another provider of similar experience, under similar conditions.
• That failure directly caused the patient’s injury.
• The patient suffered actual harm.

Proving usually involves a significant amount of expert testimony and medical documentation.

What is the hardest element to prove in medical malpractice?

The most difficult element of a medical malpractice claim is showing that the health care professional’s actions failed to act in a way that was reasonable for the situation. This is because medical opinions can vary greatly in any given situation.

Is medical malpractice common?

According to some studies, medical malpractice is the third-leading cause of death in the United States, killing more people than anything except cancer and heart disease.

What are Virginia law ‘caps’ in medical malpractice cases?

For judgments entered between July 1, 2023, and June 30, 2024, damages are limited to $2.6 million. That cap will increase by $50,000 every 12 months until it reaches $3 million in 2030.

What is the statute of limitations for a medical malpractice case in Virginia?

You have only two years from the date of the medical error to bring a lawsuit.

Get More Answers About Your Medical Malpractice Case

When you are the victim of medical malpractice, you want a firm like Weiner, Spivey & Miller, PLC, on your side from the very start. Call us at 703-273-9500 or use our online contact form to schedule your free consultation.