Errors in medical matters are surprisingly common. But what does someone have to show to actually pursue a medical malpractice claim?

Handling a claim on medical malpractice is not easy. Under Virginia medical malpractice law, the elements include:

Doctor-patient relationship

The complainant should be able to prove that the patient and the doctor had a working relationship at the time of the accident. It means they both agreed to work together for treatment purposes. It is easy to prove that as long as the treatment has already started.

The physician violated the standard of care

The standard of care requires the doctor to be responsible for the patient’s welfare. The physician should abide by the medical rules of practice, which requires consistent practice of care.

The negligence caused injury

The complainant should be able to prove that the injury happened because of the negligence. They should also ascertain that the injuries would not have happened to them if not for the doctor’s negligence.

The patient suffered damages because of the injury

The patient should be in a position to provide enough evidence proving that they suffered damages because of the injuries sustained from the malpractice. They must provide proof of wage loss, pain, disability, suffering, and hardship from the injuries.