Guess what?  If your doctor negligent and caused damage was you, but somehow you contributed also your injury, you could restore a cent.  Virginia is one of the few States that follows is still the antiquated doctrine of contributory negligence. In fact, this law is centuries old.

Contributory negligence means that if were negligent or careless in any way, and it was a factor for your injury, you probably can get no compensation.  Your doctor might be 99% responsible for your painful injuries, but you would be 1 percent guilt, you will win your case.  It may be not fair, but it's the law.

The study of the comparative negligence is used in most other States and damage are based on the percentage of negligence.  For example, if the jury decides that you responsible were partially for your own injuries, would reduce your damages proportionately.

Although Virginia's contributory negligence is not ideal for plaintiff law, it will be most likely in the coming years. Virginia will therefore continue to recover one of the toughest States in the nation to damages in medical malpractice claims.

Order a copy of my book why the most medical errors never recover a cent victim for more information about Virginia medical malpractice lawsuits and why these cases are so hard to win.

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