Richmond Medical Malpractice Attorneys
Bringing a sophisticated, team-based approach to medical negligence claims in Virginia
At Phelan Petty, we work with a dedicated team of lawyers, nurses, and paralegals plus a nationwide network of physicians and surgeons to put your medical malpractice case in the best possible position for success. When you choose us to represent you, we use our extensive medical and legal knowledge to build your case, calculate your damages, and counter the insurance company’s defenses.
Because we only take on a select few medical malpractice claims each year, we can give your case all the time, attention, and resources it deserves. At Phelan Petty, our Richmond injury attorneys stay involved in every step of the process, gathering evidence and taking care of the legal details while keeping you informed about your case. We always work to strike the right balance between keeping you informed about the status of your claim and giving you the space you need to heal and live your life as normally as possible.
Contact us today for knowledgeable and compassionate legal guidance.
What is medical malpractice?
Medical malpractice occurs when a physician, nurse, therapist, or other medical provider fails to deliver medical treatment that meets acceptable standards of care. This can involve either an omission (like failing to diagnose a life-threatening health condition) or an active mistake (such as giving a patient the wrong medication or operating on the wrong body part).
Malpractice can occur in any setting where patients receive medical care. Examples of medical malpractice and negligence that we have personally seen in our practice include:
- Anesthesia and pain management errors
- Brain injuries resulting from a lack of oxygen (hypoxia)
- Birth injuries involving mother and child
- Bariatric surgery (gastric bypass, lap band) complications
- Bowel injuries, including perforations and obstructions as well as delayed diagnosis and treatment of injuries
- Bile duct injuries during gallbladder surgery
- Cerebral palsy due to physician errors during birth
- Communication errors
- Delayed diagnosis and improper treatment of cancers such as breast cancer, brain cancer, colon cancer, kidney cancer, and bladder cancer
- Emergency room errors
- Failure to diagnose or treat a heart attack
- Failure to diagnose or treat a stroke
- Fetal death / Stillbirth
- Hospital-acquired infections
- Negligent hiring and medical credentialing practices
- Medication errors
- Radiology and x-ray errors
- Surgical errors, including wrong-site and wrong-level surgeries
- Veterans Administration (VA) hospital negligence
One of the first challenges and most important tasks involved in successfully pursuing a medical malpractice case is to identify the correct culpable party or parties. Multiple at-fault health care providers often contribute to our clients’ medical catastrophes. Our team at Phelan Petty commonly handles complex cases involving multi-party litigation against doctors, hospitals, nurses, long-term care facilities, and other medical organizations.
Medical Malpractice Case
"When Jonathan and Brielle came into our lives, what they brought to our family was a sense of order, a sense of peace."
Lori G.
How safe is my local hospital?
The Leapfrog Hospital Safety Grade is a public service provided by the Leapfrog group, aimed at driving safety and transparency in the hospital system. A search for Richmond, Virginia hospitals provides current ratings for many of our local medical centers:
Our Richmond malpractice attorneys fight the insurance companies for you
Medical malpractice victims often struggle to find an experienced attorney who will handle their claim. Many lawyers will not even consider handling medical negligence claims because they’re complicated, expensive, and incredibly time-consuming. Often, the cases go on for years with no guarantee of a favorable outcome.
Insurance companies know that only a small percentage of medical malpractice victims will find an aggressive, skilled medical malpractice attorney, so they typically refuse to compensate injured patients who raise claims themselves. When a victim does retain counsel, the insurance companies hire teams of lawyers to fight these cases no matter how flagrant the doctor’s negligence or careless conduct was. They assume they can win most cases by outspending the injured victims and paying expert witnesses to say whatever is necessary.
Unfortunately, in too many cases, these tactics work. Without a knowledgeable malpractice lawyer, victims give up and either accept an unreasonably small settlement or drop their claims. Either outcome can lead to enormous financial burdens for victims on top of the physical and emotional trauma they have already suffered.
At Phelan Petty, we have a long history of successfully handling medical malpractice lawsuits in Richmond and throughout Virginia. We understand the struggles and confusion that patients face after they suffer from an inaccurate diagnosis, receive inappropriate treatment, or fall through the cracks when doctors do not listen to them. It is our mission to fight for these victims and help them obtain the compensation necessary to allow them to carry on with their lives.
Our medical malpractice team is headed by Jonathan Petty, an award-winning attorney with more than two decades of experience handling medical negligence claims. Jonathan brings a unique perspective to the claims he handles—prior to dedicating his practice to representing injured patients, he defended doctors, hospitals, and their insurance companies for a decade. Now, he uses the insight he gained as a defense attorney to hold negligent medical providers accountable for their errors. Our track record under Jonathan includes multiple verdicts and settlements in the millions of dollars.
In one recent case, our team secured a $5 million jury verdict for the adult children of a man who died after medical providers improperly placed a breathing tube in his esophagus rather than his trachea. The decedent had survived a fire but suffered injuries from inhalation and carbon monoxide poisoning. The defense argued that the victim could not have survived his injuries even with proper care, but our attorneys and experts successfully proved his death was the result of malpractice.
Our attorneys also work to reach favorable settlements when possible. For example, we settled a case for $1.35 million when a 67-year-old woman suffered a stroke and permanent blindness after her cardiologist instructed her to stop taking her blood thinner medication prior to a vein procedure. Although the physicians knew she faced a high risk of strokes, they did not give her immediate anticoagulants following the surgery, leading to her suffering a stroke just days later.
In another tragic case, our team settled a malpractice claim for $1.4 million after a doctor failed to recognize a newborn’s dangerously high heart rate as a sign of a treatable condition – neonatal tachycardia. Despite abnormal test results, providers wrongly reassured the baby’s mother that his heart rate was within normal limits. The infant died at 28 days of age.
You can read more about our other case results on our verdicts and settlements page.
If you or someone you love has suffered because of a medical professional’s negligence in Virginia, please get in touch with us today. Our experienced legal team will listen to your story and answer your questions during an initial consultation, all at no cost to you.
Medical Malpractice Case
“Jonathan Petty took my case…[the experience] has been wonderful. Very professional. I can tell that he was really genuine with my case. It’s been smooth sailing.”
Aleathia and Al S.
We demand accountability when you’re injured by doctors or hospitals
Some medical malpractice lawyers only focus on the profitability of medical negligence claims. At Phelan Petty, we understand that there is more at stake than dollars and cents. When prepared and litigated by experienced and dedicated attorneys, medical malpractice lawsuits help improve patient care and make our hospitals, medical centers, and nursing facilities safer.
According to researchers, medical errors frequently go unreported. Unfortunately, the organization that should provide data regarding medical mistakes, the U.S. Centers for Disease Control and Prevention (CDC), does not even track these incidents. However, data from a 2016 study indicates that medical errors cause roughly 250,000 deaths each year, making them the third most common cause of death in the United States.
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Virginia medical malpractice attorneys advocating for you
If you or a loved one suffered injuries due to medical malpractice in Virginia, you deserve answers. At Phelan Petty, our experienced medical malpractice attorneys work to hold negligent hospitals and healthcare professionals responsible for their actions. Our team carefully investigates our clients’ claims by studying medical records, interviewing witnesses, and consulting with world-class experts. Then, we use aggressive legal strategies to demand justice and accountability.
To schedule a free consultation, please call 804-518-3967 or fill out the contact form. We’re located near I-64 and Route 250 in Richmond.
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Medical Malpractice Blog Posts
$1.4 Million Settlement After Confusion Over Baby’s Heart Report Results in Death
This tragic case involved a two week-old baby who died after his treatment team failed to act on alarming test results. Attorneys Jonathan M. Petty and Brielle Hunt negotiated the case in mediation and secured a $1.4 million settlement on behalf of the baby’s mother. Background of the case A 17-year-old single mother brought her…
$750,000 Settlement After Woman is Blinded in Right Eye After Cataract Surgery
Phelan Petty’s Jonathan M. Petty secured a $750,000 settlement for a woman who suffered permanent blindness in her right eye after cataract surgery. Case background The plaintiff, a 53-year-old woman, underwent cataract surgery on her left eye by the defendant ophthalmologist without complication. She experienced no pain or discomfort after the surgery. One week later,…
$375,000 Settlement for Patient Who Fractured Femur in Hospital Fall
On September 12, 2022, Phelan Petty’s Brielle Hunt secured a $375,000 settlement for a patient who suffered a fractured femur in a hospital fall. Background of the case The plaintiff presented to the defendant facility complaining of bilateral worsening leg weakness and pain. She was accompanied by her daughter. Her daughter allegedly explained that the…
Infant Injuries Spark Henrico NICU Closure: Nurse Faces Charges
Multiple infants at the Henrico Doctors’ Hospital in Henrico County, Virginia, recently suffered unexplained fractures. The shocking discovery led to the temporary closure of the facility’s neonatal care unit (NICU) as the hospital and investigators worked to uncover the cause. When the story aired, one family was horrified to hear that this had happened to…
Why Are Juries Awarding Huge Medical Malpractice Verdicts?
Medical malpractice is complex and highly challenging to prove. Yet, 2023 was a record year for eye-popping medical malpractice verdicts in the U.S. According to Medscape, juries awarded $10 million or more in 57 medical malpractice lawsuits in 2023, and over half of those reached $25 million or more. Here are some examples: In December…
Medical Negligence Can Lead to Death for Organ Transplant Recipients
When considering the life-saving potential of organ donations, it is essential for individuals to approach the process with caution and an informed mindset. While organ transplantation has revolutionized medical treatment, cases of medical malpractice surrounding organ donations underscore the importance of vigilance and thorough evaluation. By understanding the potential risks and taking necessary precautions, individuals…
Misdiagnosis Mistakes in Emergency Rooms Happen All Too Often
Patients in Richmond have a right to trust that if they need to go to their nearest emergency room, the ER doctors will make the correct diagnosis and provide appropriate treatment. A misdiagnosis can cause a patient to suffer until the accurate diagnosis is made. A misdiagnosis can also mean that opportunity for necessary treatment…
Fires Are a Real and Present Danger in the Operating Room
Fires that occur in the operating room are among the most terrifying and dramatic disasters that can happen during a surgery. Though they are relatively uncommon, there are an average of 650 operating room fires in the U.S. annually, which often cause serious injuries and even death to the helpless patient. Operating fires are preventable…
Medical Malpractice Claims and the Matter of Intent to Harm
In a recent criminal case out of Ohio, a former physician was acquitted of 14 counts of murder after allegedly causing the deaths of his patients by ordering excessive amounts of fentanyl. The case was followed with interest by medical experts, legal professionals, doctors and nurses across the country, as the case raised significant questions…
What Is a Never Event?
Unless you are a medical professional, you are likely unaware of the term “never event.” Never events in healthcare are exactly what they sound like – events that should never occur; egregious and catastrophic incidents during medical treatment that typically leave a patient permanently injured or disabled, or result in death. Ken Kizer, MD first…
Phelan Petty Secures $3 Million Jury Verdict for Fetal Death
Phelan Petty partners Jonathan M. Petty and Brielle M. Hunt were recognized by Virginia Lawyers Media for securing one of the top verdicts in Virginia for 2021. Their $3 million jury verdict in a fetal death case in Henrico County was listed as #3 for the year. This verdict was the first plaintiff’s verdict in…
Dangerous Medical Errors Made Before, During, and After Surgery
Even with years of schooling and training in hospital procedures, medical professionals can still make mistakes. Surgeons, hospitals and ambulatory surgery centers attempt to minimize the risks of surgery and other medical procedures through improved technology and other methods, but errors still happen. When a surgeon or other medical professional injures a patient by making…
Communication Errors as a Cause of Medical Malpractice
Communication errors are a major cause of poor quality care, patient harm, and medical malpractice. Breakdowns in communication among health care providers often lead to a failure to coordinate what each health provider is doing and can cause a patient’s needs to “slip through the cracks.” Miscommunication between a doctor’s office and the patient results…
Medical Malpractice and Pre-and Post-Surgical Errors
Scheduling a surgical procedure is extremely stressful. You likely have concerns about how the procedure will go. Will it be successful? Will I experience complications on the table? Are my surgeon and surgical team experienced and ready? The truth is, for some patients, even when the procedure goes completely as planned, any errors made before…
Multitasking Surgeons Are the Surgery Risk You May Not Expect
Most patients, when scheduling any type of surgery or medical procedure, do their due diligence. They ask their specialist or primary care physician to recommend the surgeon best suited to perform their specific surgery. They reach out to family and friends who have undergone the same procedure and ask for the name of the surgeon…