What happens if I cannot prove every element of a medical malpractice claim?

If you are unable to prove every element of your medical malpractice claim in the state of Virginia, then you will not be able to recover any damages. A medical malpractice claim is a specific type of legal claim which requires the plaintiff to prove all elements in order to be successful. The grounds for a medical malpractice claim in Virginia include proof that: the healthcare professional owed you a duty of care; he or she failed to uphold that duty of care; the breach of the duty of care caused direct harm to you; and, that harm resulted in damages. Each element must be proven with evidence, usually in the form of medical records, expert testimony, or other reliable sources. If any element is not proven, then the plaintiff cannot recover any damages as a result of their medical malpractice claim. It is advisable to speak with a Virginia medical malpractice attorney if you believe that medical malpractice caused harm or injury in your case. An attorney can help you understand your rights and will be able to provide the knowledgeable legal representation necessary to prove your case.

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What happens if I cannot prove every element of a medical malpractice claim?

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