A doctor has a duty to use the degree of skill and diligence in the care and treatment of his or her patient that a reasonably prudent doctor in the same field of practice or specialty in this would have used under the circumstances of this case. If a doctor fails to perform this duty, then he is negligent. The fact that a doctor's efforts on behalf of his patient were unsuccessful does not, by itself, establish negligence. Because of the complexity of the medical-legal issues, it is usually necessary for the injured patient or family to hire appropriate experts to determine if a doctor committed errors that rise to the level of malpractice.

A doctor who has accepted a patient for treatment has a duty to continue his services as long as they are necessary. A doctor may not abandon his patient while his services are necessary unless he gives notice to the patient and arranges for continuing treatment by another doctor. If a doctor fails to perform this duty, then he is negligent. A doctor who has accepted a patient for treatment may end his services with the consent or at the request of the patient.

Moreover, a doctor has a duty to obtain the consent of a patient before operating on him. If a doctor operates without first obtaining his patient's consent, then he is liable for any injury to the patient which proximately results from the operation, even though he exercised reasonable skill and diligence in performing the surgery. A doctor has a duty to obtain his patient's informed consent before he operates on him. Informed consent means the consent of a patient after a doctor has given him all information about the surgery and its risks that would be given to a patient by a reasonably prudent practitioner in the doctor's field of practice or specialty. A doctor is not required, however, to tell a patient what he already knows or what any reasonably intelligent person would know. If a doctor fails to perform this duty, then he may be deemed negligent and is liable for any injury proximately resulting from the doctor's treatment if a reasonably prudent person in the patient's position would have refused the treatment if the doctor had disclosed the facts.

When immediate treatment is needed to protect a person's life or health and there is no reasonable method of obtaining consent for the treatment, then a doctor may give, without his patient's consent, such treatment as would be given by a reasonably prudent doctor in the same field of practice or specialty under the circumstances of this case. A doctor who gives emergency care to an injured person at the scene of an accident in good faith, and without compensation, is not liable for his acts or omissions while giving such care.

A surgeon performing an operation is responsible for any acts of negligence by anyone in the operating room who is subject to his control regardless of who employs or pays that person.

A patient who is injured as a result of a physician's negligence has the duty to use ordinary care to avoid loss or minimize or lessen the resulting damage to follow the advice of his doctor .If a patient fails to perform this duty, he may not recover for any portion of the harm which, by such care, he could have avoided.

Some states have passed laws capping damage awards, limiting attorneys' fees and shortening the time in which plaintiffs can bring malpractice suits. Some states instituted no-fault liability for malpractice claims, or developed arbitration panels to hear medical malpractice claims before they could be filed in court to be determined by a judge or jury.

For information regarding Virginia physicians, you can search the  Virginia Board of Medicine Practitioner Information web site.

Legal claims involving medical malpractice related claims could involve complex legal and technical issues. The following are a few important legal, factual and evidentiary matters that should be considered when evaluating a claim.

• Were the results of the treatment or surgery unexpected?

• Did the doctor take some action contrary than what they explained to the patient?

• Was there an investigation into the causes of medical injuries or deaths?

• If a wrongful death was there an autopsy?

• Did the doctor or staff make any admissions of wrongdoing?

• What was the setting of the alleged malpractice?

• Did the doctor fail to obtain a proper medical history?

• Did the doctor fail to diagnose a condition?

• Did the doctor fail to render treatment properly?

• Did the doctor fail properly perform surgery?

• Did the doctor fail to monitor the patient during or after surgery?

• Did the doctor perform surgery on the wrong area of the body?  

• Did the doctor fail to properly use, order, or interpret necessary tests?

• Did the doctor fail to consult with other specialists?

• Did the doctor fail to properly supervise support staff?

• Did the doctor fail to prescribe proper medication or properly use medical devises?

• Did the doctor prescribe the wrong dosage of medication?

• Are there experts to provide necessary opinions regarding a breach of the applicable standard of care?  

• What damages did the patient suffer?

• Does the expenditure of time and necessary expense justify the possible outcomes?

It is important that an experienced legal team evaluate a medical malpractice claim. Complex legal, factual, and evidentiary issues may be involved. If you, a loved one, or friend are believed injured by medical malpractice, you should take immediate steps to protect their interest. Do not compromise your rights by making statements to the press, insurance investigators, potential defendants, their representatives, and do not sign anything. Consider the suggestions in our accident guide, and call us immediately. We are here to help. At Larry King, P.C., we recognize the unique issues pertaining to your claim. You can call us at (757) 595-8100 seven days a week, 24 hours a day, everyday of the year. We also offer a free legal-infoline service, and you can now contact us on this web site by using our Personal Injury Contact form. We are committed to doing the extra things it takes to help our clients. If you would like to know more, make a selection from the above box.