• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • About Us
    • Our Team
    • Firm Overview
    • Lawyer Referrals
    • General Referrals
    • Podcast
    • Newsletters
    • Careers
    • Communication Policy
  • Personal Injury Cases
    • Car Accidents
    • Tractor Trailer Accidents
    • Drunk Driving Car Accidents
    • Motorcycle Accidents
    • Faulty Products Causing Injury
    • Dog Bite Injuries
    • Pedestrian Accidents
    • Slip and Fall Injuries
    • Workers’ Compensation
    • Medical Malpractice
    • Wrongful Death
  • Disability Insurance Denials
  • Results
  • Reviews
  • Blog
    • Personal Injury
    • ERISA Disability
    • Workers’ Compensation
    • Medical Malpractice
    • Wrongful Death
  • Free Info
    • Free Injury and Disability Books
    • Personal Injury Settlement Calculator
    • Win Your Own Personal Injury Case
    • Personal Injury FAQ Videos
    • ERISA Long-Term Disability FAQ Videos
    • Client Portal
  • Contact
    • Book Now!

Virginia Personal Injury and Disability Lawyers

Trial Lawyers.

  • Facebook
  • Instagram
  • LinkedIn
  • Twitter
  • YouTube
CALL TODAY : (434) 515-2807
Free Strategy Session
Call
Contact
Blog
  • Home
  • About Us
    • Our Team
    • Firm Overview
    • Lawyer Referrals
    • General Referrals
    • Podcast
    • Newsletters
    • Careers
    • Communication Policy
  • Personal Injury Cases
    • Car Accidents
    • Tractor Trailer Accidents
    • Drunk Driving Car Accidents
    • Motorcycle Accidents
    • Faulty Products Causing Injury
    • Dog Bite Injuries
    • Pedestrian Accidents
    • Slip and Fall Injuries
    • Workers’ Compensation
    • Medical Malpractice
    • Wrongful Death
  • Disability Insurance Denials
  • Results
  • Reviews
  • Blog
    • Personal Injury
    • ERISA Disability
    • Workers’ Compensation
    • Medical Malpractice
    • Wrongful Death
  • Free Info
    • Free Injury and Disability Books
    • Personal Injury Settlement Calculator
    • Win Your Own Personal Injury Case
    • Personal Injury FAQ Videos
    • ERISA Long-Term Disability FAQ Videos
    • Client Portal
  • Contact
    • Book Now!

What is Medical Malpractice?

22 Feb 2021

Medical care providers are humans. Humans make mistakes. Sometimes those mistakes cause a medical injury. But our medical malpractice system does not compensate for all patient injuries caused by a medical mistake. That’s a shocking statement, isn’t it?  Your medical provider can hurt you by mistake. And,  yet, the jury won’t give you a penny. Why?  This blog post will help you understand the answer to that question. The medical malpractice laws in Virginia are complicated.  Your law firm should have extensive experience evaluating medical negligence cases. That way, you have the best chance of being compensated for the injury you have sustained.  Read on to understand the concepts of “negligence” and the medical “standard of care.”


What is medical malpractice?

Let’s say that your doctor tells you that the treatment he proposes for your cancer has an 85% chance of being successful. Does that mean that if the treatment is unsuccessful that there was a mistake made and you were injured by that mistake?  After all, you went through the treatment and you are still sick, or maybe even sicker than when you started.  Or another scenario: your doctor prescribes a medicine for your illness and you have a side effect that causes you to be hospitalized or miss work.  The medicine your doctor prescribed injured you, so should you be compensated, right?  Well, in both of these cases the answer is: Maybe!

This question is complicated in medical malpractice cases. But did you ask the right question? The right question is: was the medical provider negligent in the way he delivered your care.  But what is “negligence” in this legal sense?  Negligence means that the provider did not do what the hypothetical “average” medical provider would have done under the same circumstances. If the “average” doctor would have done something different than your doctor did then your doctor is said to have violated the “standard of care.”


What is the standard of care?

In medical malpractice cases violating the standard of care is essentially the same thing as acting negligently.

Everyone who hears that definition for the first time asks the same question. That question is: who determines what the “average” medical provider would have done in my particular circumstance?  The answer is the so-called “medical expert.” When your law firm reviews your case for potential malpractice, they will consult a medical expert. That expert’s opinion determines whether the standard of care was violated. If the answer is yes, then your malpractice case has passed the first hurdle!  Remember, it’s not over. Your medical provider will find an expert to say that he did not violate the standard of care. There are other factors in determining whether you have a potentially winning case, but this is generally the first step.


What should you do now?

After reading this blog you get a sense of the enormous importance of hiring a law firm that knows how to navigate the intricate laws of medical malpractice. You want a firm that has lawyers with medical knowledge. But maybe even more importantly, the ability to find experts that can review cases and credibly testify on your behalf. After you review the Osterbind Law PLLC website or the written materials you will receive if you contact us, we hope you will agree that our team approach to your case, our litigation experience, our relentless effort working on your case, and our infinite compassion for you as a person, set us apart from any malpractice law firm in central Virginia.

Contact Us Today!

Primary Sidebar

Download Our Free Books!

Related Blogs

  • Medical Malpractice With Experts?

    12 May 2021

    Medical Read More

  • That is obvious medical malpractice!

    10 May 2021

    We Read More

  • Medical Malpractice During Birth

    29 Mar 2021

    One Read More

Case Results

$940,000 in Settlements For Broken Clavicle and Torn Rotator Cuff

Personal Injury | Workers’ Compensation

View Project
Traumatic Brain injury Results In $395,000 in settlement

Personal Injury | Workers’ Compensation

View Project
$280,000 Settlement for Labral Tear after Rear-End Collision

Personal Injury

View Project

Reviews

Free Strategy Session

Footer

Free Strategy Session

Legal Awards

Client Reviews


Brandon and his team at Osterbind Law are truly peerless. This is exactly how a modern personal injury firm should operate. The firm is holistic in its approach and thoughtful. It's no wonder why they get such great results for their clients. And no surprise, their clients love them. I've had the pleasure of working with Brandon on a professional level and he levels up, big time. Kudos.
Nathaniel Amendola
3 months ago

Very compassionate and knowledgeable people who helped us with our situation. They worked quickly and I can’t tell you how grateful I’m they were so caring. I would recommend this firm to anyone that anyone
Lori Rudder
a year ago

The entire team at Osterbind Law are incredible. They communicated with us with every step and process that was happening . They provided the knowledge, support, and empathy to us on the case. And when the curve ball was thrown, they dug in deeper. I have nothing but the highest respect for Brandon and Hannah and the entire team. They made us feel more like a family, than a client.
Wendy Shull
a year ago

The staff is caring and very knowledgeable. They help you as quickly as possible, and worked very hard for us. I'm so pleased with the way they assisted us.
Meghan Rudder
a year ago

Brandon and his team did a great job helping me through my case. I'm so glad I chose him and stuck with him through the transition to his own firm. The staff is very knowledgeable and friendly. They feel like family after all this! Thank you for everything!!Amber J
Amber Higby
2 year ago
Read More ReviewsWrite a Review
  • 1216 Greenview Drive, Suite A
    Lynchburg, VA 24502
  • Email Us
  • Call Us
    (434) 515-2807

© 2023 Virginia Personal Injury and Disability Lawyers. All rights reserved.

  • Facebook
  • Instagram
  • LinkedIn
  • Twitter
  • YouTube
Quick Help