Best Medical Malpractice Lawyers in Portsmouth

Frequently Asked Questions

• What is the non-emergency contact number for the local police station in Portsmouth, Virginia?

  The Portsmouth Police Department can be reached at 757-393-5300 for non-emergencies.

• Where can I get a copy of police reports for incidents related to my case in Portsmouth, Virginia?

  You can request a copy of a police report in person at the Portsmouth Police Department located at 700 Port Centre Parkway, Portsmouth, VA 23704. You can also fax a written request to 757-393-8073 or email it to ppdpio@portsmouthva.gov. Please include as much identifying information as possible so the Records Department can locate the correct police report. For assistance, call l 757-393-8814.

• How long do you have to file a medical malpractice claim in Portsmouth?

  You have two years from the date the medical malpractice happened to file your claim in Portsmouth. This is according to Va. Code Ann. Section 8.01-243. The state has a discovery rule for cases where the malpractice was not immediately apparent, such as birth injuries or failure to diagnose cancer. Under this rule, the two-year deadline starts counting from the date the malpractice was discovered.

• What do you need to prove in a medical malpractice case in Portsmouth?

  Generally, there are three key components for a medical malpractice case to be valid: you need to prove that the healthcare provider was negligent and breached the expected standard of care, that this negligence resulted in an injury to you, and that you suffered damages due to this injury. A Portsmouth medical malpractice attorney can help you validate your claim and gather evidence to support your case.

• Do you have to testify in court for your medical malpractice case in Portsmouth?

  If your Portsmouth case reaches the trial stage, yes. You, the plaintiff, and your doctor, the defendant are typically asked to testify in court. Aside from you, expert witnesses will also be called to provide testimonies in order to establish the “standard of care” against which your doctor’s negligence will be judged.

• Can you make the hospital where your doctor was employed liable for your medical malpractice damages in Portsmouth?

  The hospital in Portsmouth will have vicarious liability under the “respondeat superior doctrine.” Your doctor must be tagged as an “employee” of the hospital for this to be possible, as independent contractors are not under the doctrine. The hospital may also be liable for your medical malpractice damages if found that it committed negligent credentialing of your doctor.

• Are there caps imposed on medical malpractice damages in Portsmouth?

  Virginia imposes limitations on medical malpractice damages. For Portsmouth cases after August 1, 1999, the cap was set at $1.5 million. This amount will be increased each year on July 1. By July 1, 2023, the cap will be at $2.6 million. And, by July 1, 2025, it will be at $2.7 million. The cap will continue to be raised until $3 million in 2031. These limitations are stipulated under the Code of Virginia Section 8.01-581.15.