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Best Medical Malpractice Lawyers in Chesapeake

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Amberley Hammer Law, P.C. logo
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Amberley Hammer Law, P.C.

1317 Executive Boulevard, Suite 150, Chesapeake, VA 23320
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Business Description

Hammer Law PC is a medical malpractice and personal injury law firm serving clients in Chesapeake and surrounding areas. Founding attorney Amberley G. Hammer offers representation to victims of medical malpractice incidents such as misdiagnosis and failure to obtain informed consent from patients before treatment. The legal team handles cases involving hospital negligence, wrongful death, pediatric injuries, wrongful amputation, and surgical negligence as well as medication and medical device errors. Ms. Hammer is a member of the Virginia State Bar.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.5

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Brian A. Thomasson, P.L.C. logo
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Brian A. Thomasson, P.L.C.

1108 Madison Plaza, Chesapeake, VA 23320
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Business Description

Brian A. Thomasson PLC is a team of family law and medical malpractice lawyers in Chesapeake. The team advocates for individuals who have been hurt, become disabled or disfigured, or lost a family member as a result of medical negligence. It mediates between the client and the insurance agency to reach an agreement addressing the client's losses, medical expenses, and suffering. The firm's partners have been recognized by their peers as Super Lawyers.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.0
Facebook
5.0 / 5 (10)
Yelp
1.9 / 5 (5)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
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Helpfulness
Detail
Franklin & Franklin, Attorneys-at-Law, P.C. logo
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Franklin & Franklin, Attorneys-at-Law, P.C.

11719 Jefferson Avenue, Newport News, VA 23606
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Business Description

Franklin & Franklin Attorneys at Law PC is a law firm that advocates for injured clients in Chesapeake. Since 1981, its attorneys have handled medical malpractice cases that result in serious injuries caused by the negligence of a doctor, hospital, or nursing home. The firm works hard to recover maximum compensation for a client's expenses, lost wages, and pain. Franklin & Franklin also helps resolve auto accident, product liability, workers' compensation, and job accident cases.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.8
Facebook
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Kass Law Firm, P.L.C. logo
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Kass Law Firm, P.L.C.

355 Crawford Street, Portsmouth, VA 23704
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Business Description

Founded in 1982, Kass Law Firm PLC is a family-owned legal practice that's staffed with experienced medical negligence lawyers near Chesapeake. Its attorneys have over 50 years of combined experience fighting for the rights of individuals and families involved in medical malpractice cases. They determine whether injured clients are eligible for compensation and take legal action against medical professionals who fail to comply with required standards. Other services include representation in wrongful death, premises liability, and legal malpractice cases.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.7
Google
4.6 / 5 (32)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
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Detail
Larsen Carnes, PC logo
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Larsen Carnes, PC

3330 Pacific Avenue, Virginia Beach, VA 23451
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Business Description

Larsen Carnes PC is a law firm that's been serving individuals since 1975. The medical malpractice attorneys near Chesapeake advocate for clients whose rights have been violated or have suffered damages due to preventable medical errors. They help medical malpractice victims recover full and fair compensation for their loss of income and pain and suffering. Other practice areas include business litigation and family law. Attorney Larsen is a member of the Virginia State Bar and the Virginia Trial Lawyers Association.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.3
Google
4.3 / 5 (8)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Robert L Wegman, PLC. logo
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Robert L Wegman, PLC.

392 South Battlefield Boulevard, Chesapeake, VA 23322
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Business Description

Robert L. Wegman PLC owns and operates a full-service law firm, offering personal injury services. Attorney Wegman, a medical malpractice attorney in Chesapeake, deals with cases in healthcare areas, such as pharmaceuticals, surgery, home health care, and orthopedic medicine. Wegman builds cases against medical providers that do not provide the legal standard of care and works to recover damages for physical, emotional, and financial trauma. Additional areas of practice include criminal defense, defective products, and traffic law.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.9
Avvo
5.0 / 5 (54)
Google
4.7 / 5 (45)
Yelp
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
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Detail
The Law Firm of Carlton F. Bennett, P.L.L.C. logo
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The Law Firm of Carlton F. Bennett, P.L.L.C.

120 S Lynnhaven Rd #100, Virginia Beach, VA 23452-7419
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Business Description

The Law Firm of Carlton F. Bennett, P.L.L.C. is a Virginia-based personal injury law firm catering to individuals in the Chesapeake area. Carlton F. Bennett is a personal injury and medical malpractice attorney who has extensive experience in wrongful death cases, traumatic brain damage litigation, and nursing home malpractice. He tackles all areas of medical malpractice law, including spinal cord injuries, birth injuries, hospital negligence, and defective hernia mesh. Bennett is a board-certified civil trial advocate under the National Board of Trial Advocacy.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.8
Google
5.0 / 5 (12)
Facebook
5.0 / 5 (4)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
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Frequently Asked Questions

What does a medical malpractice lawyer do?

Medical malpractice lawyers represent patients who have been injured during or as a result of medical treatment, when those injuries are caused by the negligence of health care providers, including physicians, dentists, anesthesiologists, clinics, and hospitals. A medical malpractice attorney will meet with a patient, determine if a malpractice case is warranted, gather information from the patient and from medical experts, depose defendants under oath, and negotiate a settlement on behalf of the patient. If an out-of-court settlement cannot be reached, a medical malpractice attorney will litigate the case in court on behalf of the patient.

Do I have a medical malpractice case?

To have a medical malpractice case, a patient must have been injured when a health care provider, who had a duty of care to the patient, breached the accepted standard of care. An attorney looks for certain signs that medical malpractice has taken place, including:

  • A lack of informed consent, in which a person didn’t agree to a treatment or procedure, or the  provider failed to fully explain the risks before proceeding
  • A highly unusual outcome results from a procedure or treatment, which may indicate that the provider made a mistake
  • A patient is informed by their health care provider or hospital that a mistake was made

What are the chances of winning a medical malpractice lawsuit?

According to the U.S. National Institutes of Health’s 20-year study of medical malpractice case outcomes, winning a suit largely depends on the strength of the evidence. Patients won just 10% to 20% of jury trial cases with weak evidence, compared to 30% of lawsuits with midrange evidence. Patients succeeded in 50% of cases with strong evidence. In addition to evidence, factors such as an attorney’s familiarity with the practice of medicine, and the attorney’s specialized background in medical malpractice law, may contribute to the success of the lawsuit.

Is a misdiagnosis suitable for medical malpractice?

Misdiagnosis can constitute malpractice if it's proven that a doctor has failed to meet the usual standard of care. These types of cases usually involve mishandling of testing or delayed diagnoses. They may also involve a doctor's failure to interpret test results, screen for a specific condition, provide a specialist referral, discuss symptoms a patient is experiencing, or investigate possible causes of reported symptoms.

As a patient, how do I choose a good medical malpractice lawyer?

Start by creating a short list of local medical malpractice lawyers specializing in plaintiff representation, then narrow it down by taking these steps:

  • Look at the lawyer’s website for details about their malpractice experience and knowledge.
  • Check whether an attorney is a member in good standing of local, state, and national trial lawyers' associations and the state bar association.
  • Ask what percentage of each lawyer’s caseload is devoted to medical malpractice, what portion of the cases go to trial versus settling, and how much of the case work is delegated to support staff.
  • Verify that an attorney works on a contingency fee basis and absorbs up-front expenses.

What percentage of a settlement do medical malpractice lawyers get?

Medical malpractice lawyers typically represent clients on a contingency basis, receiving payment only if the plaintiff receives a settlement. The standard fee is 33% of the amount awarded. Attorneys may also pay litigation expenses up front, such as filing fees and other case-related costs, before receiving reimbursement from the settlement. Contingency fee percentages, other litigation costs, and payment structures may be negotiable.

What’s the statute of limitations on medical malpractice?

Statutes of limitations for medical malpractice lawsuits differ in each state. The limitations in three of the most populous states show how these laws can vary:

  • California plaintiffs have one year from discovering an injury or three years maximum from the injury date. Cases of foreign objects left in a person's body during surgery have no three-year deadline.
  • New York claims must be filed within 30 months of an injury-causing event. The time limit for left-behind foreign objects is one year from discovery.
  • Texas plaintiffs have two years to file suit, post injury. There are several exceptions, including continuing treatment situations, discovery after the limit expiration, and a 10-year maximum limit.

How do you file a medical malpractice lawsuit?

Taking these steps may get a medical malpractice issue resolved quickly or help when filing a lawsuit becomes necessary:

  • Contact the doctor or health care provider to discuss the injury and a solution to the situation.
  • File a complaint with the local medical licensing board.
  • Check the state’s statute of limitations for filing a malpractice claim.
  • Consult with an impartial medical expert to get a written opinion on whether accepted standards of care were followed.
  • Arrange a free initial consultation with a local medical malpractice lawyer to determine if filing a lawsuit is worthwhile.
  • Consider settling with the health care provider or their insurance company to avoid a lengthy court case.

How does a medical malpractice lawsuit work?

A consultation with an attorney is the first step in initiating a medical malpractice lawsuit. During the consultation, the patient will explain their case, including their injuries and the impact of those injuries on their life and well-being. The patient will identify the person or organization they believe breached the standard of care, and indicate how they believe that breach led to their injuries. The attorney will determine if the patient has a viable malpractice claim, and if so, will enter into an agreement to represent the patient. Next, the attorney will begin an investigation, reviewing medical records and consulting with medical experts. Following the investigation, the discovery process will allow the plaintiff and defendant to share information with each other about the case under oath. In the vast majority of malpractice cases, the settlement phase follows. During this phase, the doctor or facility will agree to pay the plaintiff a mutually agreed upon amount of money. If a settlement cannot be reached during this phase, the medical malpractice lawsuit will proceed to trial.

As a healthcare provider, how do I avoid medical malpractice?

With the goal of enhancing the quality of care provided, while also limiting the risk of harm to patients, doctors can reduce the likelihood of medical malpractice lawsuits by adopting best practices, such as the following:

  • Establish trusting relationships through open and honest communication, and disclose poor outcomes and errors if they occur.
  • Stay up to date on disease management methods, technological advancements, and current standards of care in their area of specialty.
  • Obtain informed consent by fully explaining the risks and possible outcomes of procedures and treatments.
  • Improve follow-up care after any missed appointments and scheduled tests and procedures to help prevent delayed or overlooked diagnoses.
  • Maintain accurate, detailed records of patient exams, treatments, and counseling provided.

What can a medical malpractice defense attorney do for a doctor who has been sued by a patient?

While it can be upsetting and stressful to be sued by a patient, medical malpractice lawsuits are actually fairly common. In fact, a recent American Medical Association benchmark survey found that more than one third of physicians in the U.S. have been sued for malpractice at some point during their career. In the event of a patient lawsuit, the doctor’s malpractice insurance provider will supply the doctor with a malpractice defense attorney to handle the case. If the doctor is not confident with the insurer-provided attorney—for instance, if they sense that their case is being passed along to less experienced associates, or if they feel like they are being forced into a settlement by their insurer—they can hire, and pay for, private counsel. In these cases, the private malpractice defense attorney can explain legal procedures, weigh in on case strategy and settlement possibilities, and suggest stronger defense action if warranted.

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