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.

Related FAQs

What are the elements of a medical malpractice claim?
What damages can be recovered in a medical malpractice claim?
What type of expert testimony is necessary in medical malpractice claims?
What are the commonly accepted standards of care in medical malpractice cases?
What is the difference between a medical malpractice lawsuit and a class-action lawsuit?
What are the elements of damages in a medical malpractice claim?
What is the importance of having a written agreement when settling a medical malpractice claim?
What type of medical malpractice claims are time-barred or have a statute of limitations?
What do I need to know about affirming the medical malpractice claim in court?
How do I prove that the injury I received was caused by medical malpractice?

Related Blog Posts

An Overview of Medical Malpractice Law - July 31, 2023
Requirements for a Medical Malpractice Case - August 7, 2023
Statute of Limitations for Medical Malpractice Lawsuits - August 14, 2023
Understanding Affidavits of Merit in Medical Malpractice Law - August 21, 2023
Preparing for a Medical Malpractice Jury Trial - August 28, 2023