What is Medical Malpractice in Virginia?
Under Virginia Code Section 8.01-581.1, medical malpractice is defined as a claim for personal injuries or wrongful death based on health care that was provided – or which should have been provided – by a health care provider to a patient.
A claim for medical malpractice may also be referred to as: medical negligence, a violation of the standard of care, a deviation from the standard of care, medical errors, medical indifference, medical carelessness, etc. A health care provider does not need to have intentionally injured a patient to be liable for medical malpractice. If a health care provider has been negligent, careless, or otherwise acted below the standard of care – i.e., substandard care – then they may be liable for medical malpractice.