Thank you for your clarification. Originally - when this matter happened - you may have had a case for medical malpractice
In medical malpractice cases, as in other negligence actions, the plaintiff must establish not only that the defendant violated the applicable standard of care, and was therefore negligent, he must also sustain the burden of showing that the negligent acts constituted a proximate cause of the injury or death. Brown v. Koulizakis, 331 SE 2d 440 - Va: Supreme Court 1985
The elements of actual fraud are: (1) a false representation
, (2) of a material fact, (3) made intentionally and knowingly, (4) with intent to mislead, (5) reliance by the party misled, and (6) resulting damage to the party misled. Chandler v. Satchell, 160 Va. 160, 171-72, 168 S.E. 744, 748 (1933); Moore v. Gregory, 146 Va. 504, 523, 131 S.E. 692, 697 (1925)
However, you are out of statute of limitations
for medical malpractice, which is TWO YEARS from the time of occurrence (Va. Code Ann. §§ 8.01-230 and 8.01-243(A)
) and fraud, which is TWO YEARS as well (§8.01-243(A)
As such, I am afraid you likely cannot sue for the actions. However, you have the OPTION of appealing the administrative decisions of the state agencies to the Court via a Writ of Mandamus
. Essentially, the Court has the ability to review a state agency's decision to confirm that they are doing what they are mandated to do. The problem is that the Court may then kick the matter back to the state agencies and the entities/individuals responsible may be punished via administrative means, but the Writ in the end would still not bring you a monetary judgment, I am afraid.I need to know what kind of attorney would handle this case.
May I recommend the Virginia Bar referral program - here
. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP. You would need to ask for someone who works with ADMINISTRATIVE HEARINGS.
Best of luck.
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