Medical Malpractice Lawyer in Portsmouth, VA

Trusting a doctor, nurse, or hospital with your health means trusting that they’ll meet a basic standard of care. When that trust is broken through a misdiagnosis, a surgical error, or a medication mistake, the consequences can be devastating. Levin & Levin, P.C. represents patients and families harmed by medical negligence throughout Portsmouth and the Hampton Roads area, and we understand the specific procedural requirements Virginia places on these claims.

Medical malpractice occurs when a healthcare provider’s treatment falls below the accepted standard of care for their profession, and that failure causes injury. Not every bad outcome is malpractice; medicine involves risk, and a poor result doesn’t automatically mean someone was negligent. Common types of medical malpractice we see include:

• Diagnostic errors, including a missed or significantly delayed diagnosis
• Surgical mistakes, including operating on the wrong site or leaving foreign objects behind
• Medication errors, including incorrect dosing or dangerous drug interactions
• Birth injuries caused by negligent prenatal or delivery care
• Anesthesia errors during surgery
• Failure to properly monitor a patient’s condition after treatment
• Premature hospital discharge without adequate follow-up instructions

Virginia law requires a specific procedural step in medical malpractice cases that doesn’t apply to most other personal injury claims. Under Virginia Code Section 8.01-20.1, before a plaintiff can request service of process on a healthcare provider, they generally must have obtained a written expert opinion certifying that the provider deviated from the accepted standard of care and that this deviation caused the alleged injury. This certification is required before service of process, not before the lawsuit is initially filed, a distinction that matters procedurally.

There’s a narrow exception for cases where the alleged negligence is something a jury could recognize using ordinary common sense, without needing expert testimony, such as a surgeon operating on the wrong body part. Outside of those rare situations, failing to secure this certification at the right point in the process can result in sanctions or even dismissal of an otherwise valid claim, which is exactly why this kind of case needs to be handled by an attorney familiar with the requirement.

Virginia law places a cap on the total damages recoverable in a medical malpractice case, and unlike some states, this cap applies to the full award, including both economic damages like medical bills and lost income and non-economic damages like pain and suffering. The cap increases incrementally each year under a schedule set by the legislature, and which specific cap applies to your case depends on the date the malpractice occurred, not the date your case is resolved.

This cap has been the subject of ongoing legislative debate, and healthcare providers, patients, and lawmakers continue to disagree about whether it should be raised further or eliminated altogether. Whatever the current figure, understanding how the cap applies to your specific case, and building a claim that fully accounts for your actual losses within that limit, requires an attorney who follows these changes closely.

Most medical malpractice claims in Virginia must generally be filed within two years, though the exact deadline can be affected by when the injury was discovered and by a separate ten-year outer limit that applies regardless of discovery. Because these timing rules can be more complex than in a typical personal injury case, it’s important to consult an attorney as soon as you suspect something went wrong with your medical care.

Because medical negligence can affect nearly any part of the body, the injuries we see in these cases vary widely, and often include serious, lasting harm such as:

• Permanent nerve damage from a surgical or procedural error
• Worsened underlying conditions from a delayed or missed diagnosis
• Birth injuries affecting a newborn’s long-term development
• Organ damage from medication errors or surgical complications
• Infections resulting from inadequate post-procedure monitoring

Request your complete medical records as soon as possible, since these form the foundation of any malpractice claim and can be more difficult to obtain later. Write down your own timeline of what happened, what you were told, and when symptoms or complications appeared, while the details are still fresh. Consider seeking a second medical opinion for any ongoing treatment needs, separate from the provider whose care you’re questioning.

Because of the certificate of merit requirement and the complex timing rules involved, medical malpractice cases generally require early involvement from an attorney who can arrange for the right kind of medical expert review before your case proceeds too far.

Medical malpractice cases require a thorough review of often extensive medical records, consultation with qualified medical experts to confirm both the standard of care and causation, and, frequently, an understanding of complex medical terminology and treatment protocols. This groundwork takes time, but skipping or rushing it can seriously undermine an otherwise valid claim, since Virginia’s certificate of merit requirement depends entirely on getting that expert review right before moving forward.

Medical malpractice cases require both courtroom experience and the patience to work through detailed medical records and expert opinions. Our attorneys bring more than 60 years of combined courtroom experience to these cases, and we take the time to understand exactly what happened to you before deciding how to move forward.

Levin & Levin, P.C. has represented patients and families throughout Portsmouth and Hampton Roads since 1968, handling both civil and criminal trial work throughout the Commonwealth. That trial experience matters when facing hospitals and insurers with significant legal resources of their own.

Nearly every Virginia medical malpractice case depends on qualified medical experts, both to satisfy the certificate of merit requirement and to testify persuasively about the standard of care at trial or in settlement negotiations. Selecting the right expert, someone with genuine, relevant experience in the specific area of medicine at issue in your case, often makes a significant difference in how a malpractice claim is ultimately valued and resolved.

Levin & Levin, P.C. represents patients and families throughout Portsmouth, Norfolk, Chesapeake, Suffolk, and the wider Hampton Roads area who have been harmed by medical negligence. If you believe you or a loved one received substandard medical care, contact our office today for a free case evaluation.