Do I have a malpractice suit?

It sounds like your brother may certainly have a valid legal claim, the question is whether it is worth bringing it or not.  What is the extent of your brother's injury?  You say he is in the hospital, but for how long?  What is his prognosis?  Will he suffer permanent injury as a result of this?  Without catastrophic or permanent injury, it is unlikely a lawyer will be willing to take on the case.  That is because every medical malpractice case requires a medical expert witness, before we can even get the initial complaint served, and this can cost thousands of dollars.  In order to make this risk worthwhile, the expected monetary recovery has to be pretty substantial.  If you brother will recover from what the doctor did, even if his underlying condition may not be cured, then he will probably not get that much out of it. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.