Medical Malpractice (Including Nursing Home Malpractice)

“Medical Malpractice” is a term commonly used but which is often misunderstood. In reality, a medical malpractice case is any case where someone has been injured by the negligence of a health care provider. Although some people may think that medical errors or medical negligence is relatively rare, it is actually quite common. A December 1999 report titled “To Err Is Human: Building a Safer Health System” published by the prestigious Institute of Medicine estimated that as many as 98,000 people die each year in the United States from medical errors. This number is even more alarming considering that in 2005 less than half of this number, approximately 43,000 people, were killed on our national roads and highways in motor vehicle collisions. Moreover, this statistic focuses only on deaths and not the many injuries that often result from medical negligence. Another recent report entitled "Preventing Medication Errors," published by the Institute of Medicine on July 20, 2006, estimated that as many as 1.5 million people are injured annually by medication errors alone.  In short, medical malpractice is not rare in this country and chances are that you know someone who has been injured as the result of the negligence of a health care provider.

Despite the relatively large number of incidents of medical negligence in this country, most incidents of medical malpractice never result in any claims being made or any suits being filed. Unlike some types of personal injury cases, medical malpractice cases are among the most complex.  In Virginia, in order to prove the negligence of any health care provider, it is necessary to find another health care provider who is willing to testify that the medical “standard of care” has been violated. In short, in order to prove that a surgeon was negligent, another qualified surgeon must be willing to testify that the surgeon in question violated the standard of care. The requirement of having professional expert testimony, as well as the often complex and intricate issues that surround medical malpractice cases, make these cases especially complex and requires legal counsel with experience in these types of claims.

The law firm of Wilson, Updike & Nicely has successfully represented numerous individuals in medical malpractice cases across Virginia.  At Wilson, Updike & Nicely, we have learned that success in medical malpractice cases requires careful selection of our cases and extensive preparation. These cases are especially time consuming and typically all of our attorneys and staff will work on each case.

If you or someone you know has been injured by the negligence of any physician or other health care provider, please give one of our attorneys a call for a free consultation.  If you may have a claim, it is important to contact legal counsel immediately because a prompt investigation is critical and you have only a limited time to make a claim.