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Brandon, Esq.
Brandon, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 1831
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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can my father sue the VA Hospital for malpractice if the total

Resolved Question:

can my father sue the VA Hospital for malpractice if the total knee surgery they performed 2 years ago caused a severe infection and had to go back in and remove everything. Leaving him with NO knee cap and no ability to walk ?
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Brandon, Esq. replied 1 year ago.

PI-Expert :

Hello and thank you for your question today

PI-Expert :

Are you online with me?

PI-Expert :

Welcome to the chat

Customer:

yes

PI-Expert :

Did this happen exactly two years ago? More than two years ago? or less than two years ago?

Customer:

well they took his knee out about a year ago when the infection almost killed him

PI-Expert :

All medical malpractice actions for injury (as opposed to death) must be brought within two years from the date the cause of action accrued, which is the date of injury. Va. Code Ann. §§ 8.01-230 and 8.01-243(A) (LEXIS 2003). The Supreme Court has rejected the judicial adoption of a discovery rule, Nunnally v. Artis, 254 Va. 247, 492 S.E.2d 126, (1997), but holds that continuing treatment for the same conditions tolls the statute until treatment ends. Grubbs v. Rawls, 235 Va. 607, 369 S.E.2d 683 (1988).

PI-Expert :

So, if they did ANYTHING that would constitute something being "below the standard of care" you could sue

PI-Expert :

While infections do happen, there is always an attorney willing to find a doctor who is willing to get involved.

PI-Expert :

Stating that the infection would not have occurred but for .... (something they did)

Customer:

Well they have done 3 knee surgerys on the same leg because each time they messed something up.

PI-Expert :

When you say they messed something up, do you have a doctor or other medical professional willing to admit to this? Because if so, then you would want to talk to a medical malpractice attorney in your area immediately.

PI-Expert :

If you decide to hire an attorney a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys willing to take your case prior to selecting the one you feel most comfortable with. In a case like this, the attorney would take your case on contingency, which means that you would owe nothing out of pocket.


 

PI-Expert :

If they can prove that there was any kind of fraud or concealment, then the statute can be extended

Customer:

ok. I appreciate your time and answers.

Customer:

thanks

PI-Expert :

Not a problem. Have I fully answered your question today?

PI-Expert :

If you have any other questions, please do not hesitate to ask. If I have completely answered your question, please do not forget to provide a positive rating so that I may receive credit for assisting you today.

PI-Expert :

Have a wonderful rest of your day.

Brandon, Esq., Attorney
Satisfied Customers: 1831
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Brandon, Esq. and 9 other Personal Injury Law Specialists are ready to help you
Expert:  Brandon, Esq. replied 1 year ago.
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