Is the hospital at fault even if the patient sees the mistake and doesn’t take the pills? “What Do You Think”? Check at my video and the answer below.
Medical Malpractice cases in Virginia are the most complex and expensive cases to litigate, they require proof through hired expert witnesses that the medical professional breached the standard of care and that the breach caused harm. If you believe that you have been harmed by medical negligence, CALL SANDLER LAW GROUP FIRST at 757-627-8900.
But at their heart, these cases are still negligence cases, and a recovery for negligence requires that there be a duty, that the duty was breached and that the breach CAUSED HARM. This is the legal version of “NO HARM, NO FOUL”, because the civil tort system is not, in the ordinary case, based on PUNISHMENT FOR AN ACT, it is based upon COMPENSATION FOR HARM.
In our video although the nurse may have been negligent in that she had a duty to read the chart and give the correct medicine, and she might have breached that duty, THERE WAS NO HARM. We are all quite fortunate that our system does not rely upon “could have” instead of “did”.
For more information on bringing a Medical Malpractice Action in Virginia download the booklet titled, “Medical Malpractice Harms 100,000 Patients A Year” on our homepage..