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Virginia Injury Lawyer Blog

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Medical errors shouldn’t be hidden: What we can learn from Neil Armstrong’s $6 Million Wrongful Death Case

by Gary Mims Medical errors can kill.  It is only when we know the “how” and the “why” the error happened that the medical community — and the public — can learn from the mistakes.  Confidential settlements protect the person or institution that caused the injury, or in astronaut Neil…

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The “Standard of Care” isn’t Standard in Medical Malpractice. Why “Standard of Care” is so critical to your case.

Medicine is a science, yes, but it is also an “art” involving interpretation and analysis. In treating a patient, a physician has to make decisions; decision-making involves weighing available evidence, making a judgment, and choosing a course of action. The challenge for you, if you are a victim pursuing a…

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Challenges in medical malpractice: juries give doctors the “benefit of the doubt”

Research confirms what most medical malpractice attorneys have experienced for many years — the deck is stacked in favor of doctors in medical malpractice lawsuits. A study published in Clinical Orthopaedics and Related Research examined 20 years of medical malpractice cases and found that the doctor most often wins.  Researchers compared…

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Before surgery, ask: Is my doctor qualified to perform this operation?

WSET-TV in Lynchburg took a look at medical malpractice in plastic surgery, finding that some doctors performing plastic surgery operations simply aren’t qualified.  One example is the case of woman represented by partner Gary Brooks Mims whose doctor left her left eye irrevocably damaged. https://wset.com/news/local/unqualified-plastic-surgeons-loophole-in-va-law-lets-any-doctor-perform-plastic-surgery Mims presented evidence that the…

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We Need to Protect Clients’ Privacy from Aggressive and Incorrect Scope of Discovery

Why “reasonably calculated” language must be changed. The scope of discovery is improperly stretched by insurance companies and defense attorneys to gain overly broad access to plaintiffs’ medical records, according to an article recently published as part of the “Practice Tip Series” on the Virginia State Bar website.  “Reasonably Calculated:…

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VA MedMal Plaintiffs Face Unfair Playing Field due to State Laws

by Gary Brooks Mims When you think of the law, most of us tend to think in terms like “justice,” “equality,” or “fairness.”  Unfortunately, the law is not always fair, nor does everyone receive equal treatment, and often, it does not succeed in meting out “justice.” Virginia medical malpractice law…

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