QUESTION

was hurt while doing therpy

Asked on Sep 14th, 2014 on Medical Malpractice - Virginia
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1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
In order to make a claim you must show 1. Negligence - that the medical provider breached the standard of care for what is expected of professionals in that field.  If your case were to go to court, an expert witness would be required to prove that. 2. Causation - that your injury was caused by the negligence of the provider. 3. Injury - you must show that you were in fact injured by the negligence, not just that you could have been injured. 4. Damages - your injury must be severe enough to be worth something.  While even the smallest injury causes some pain and suffering, the amount of pain for something like a bruised knee or a paper cut would be so small as to not be worth pursuing.  Typically in order for a lawyer to consider your case worthwhile, you would have to have injury severe enough to warrant further medical treatment.  The amount of money you may likely recover is usually related to amount of your medical bills, plus pain and suffering.  The old rule of thumb is three times your medical bills, but that is just a ballpark.   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.    
Answered on Sep 14th, 2014 at 8:51 PM

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