Medical Malpractice Lawyers in Fairfax

Experienced Virginia Medical Malpractice Attorneys

Most people trust doctors. After all, physicians go through years of grueling education and hands-on training. However, doctors are human. Like anyone else, they don’t always get it right. In some cases, they end up harming a patient — leaving them worse off than before. In the most tragic cases, a patient dies due to a physician’s error. Similarly, hospitals are not infallible. In fact, medical malpractice is now the third leading cause of death in the United States. No one is perfect, but when someone’s life is on the line, doctors have a legal obligation to use the same level of care as any doctor in the same field and geographical area. When doctors, hospitals, or other health care professionals fall below this standard of care, the law holds them accountable for their negligence. At Hilton & Somer, LLC, our medical malpractice team accepts cases from Virginia, Maryland, and Washington, D.C. This region is home to some of the largest hospitals and medical centers in the country. Our knowledge in this area of law runs deep, and we put our experience to use in every case we take on. If you have been injured by a doctor’s negligence, we can help.

You Have Patient Rights

Sadly, many victims of surgical error go months or even years without getting the help they need because a physician ignores or dismisses their concerns. Other people go from doctor to doctor, hoping to get a diagnosis — only to be told there is nothing wrong with them, or that their symptoms are all in their head. When you’re in constant pain, being turned away can lead to depression, stress, and despair. In many states, people hurt by a doctor’s mistake must also submit an affidavit or certificate of merit to the court before their medical malpractice case can proceed. To obtain this document, the injury victim must get another doctor to agree in writing that the original doctor acted negligently. As you might imagine, doctors are generally reluctant to pass judgment on their fellow doctors. Although lawmakers may have had good intentions when creating these types of requirements, certificates and affidavits of merit usually end up making things more difficult for people who have been injured by doctors and hospitals. This is just one reason why you should not go without an attorney if you have been injured by a doctor’s mistake. An experienced Fairfax, VA Medical Malpractice Lawyer can help you plan your case, gather the documentation you need, and pursue the path best suited to getting the outcome you desire.

Act Quickly to Protect Your Rights

Medical malpractice cases are some of the most complicated types of personal injury cases. They are also governed by strict time limits, which are called statutes of limitation. If you fail to file your claim within this narrow time frames, you may forever lose your chance to get the compensation you deserve.

• Virginia: Two years.
• Maryland: Five years, or three years from the date the patient discovers the injury.
• Washington, D.C.: Three years.

Although there are certain exceptions to these general rules, it’s best to contact a Fairfax Medical Malpractice Lawyer as soon as you suspect you have been a victim of a hospital’s mistake or a doctor’s negligence. You may also have a medical malpractice claim if your injury was caused by a nurse, physical therapist, pharmacist, dentist, or any other kind of health care worker.

Areas We Serve

Hilton & Somer is based in Fairfax, Virginia and represents injured clients throughout Northern Virginia, Washington, DC and Maryland, including:

• Northern Virginia: Fairfax, Arlington, Alexandria, Springfield, Manassas, Annandale, McLean, Falls Church, Centreville, Leesburg, Fredericksburg and Charlottesville, plus Fairfax, Loudoun, Prince William, Stafford, Spotsylvania, Fauquier and Culpeper Counties
• District of Columbia: Washington, DC
• Maryland: Bethesda, Silver Spring, Oxon Hill and College Park, plus Montgomery, Prince George’s, Anne Arundel, Howard, Frederick and Washington Counties

Virginia Medical Malpractice FAQ

How long do I have to file a medical malpractice claim in Virginia?

Most Virginia medical malpractice claims must be filed within two years of the negligent act. Limited exceptions apply, including cases involving foreign objects left in the body, fraud or concealment, and injuries to minors, so it is important to have a lawyer review the timeline quickly.

Is there a cap on medical malpractice damages in Virginia?

Yes. Virginia limits the total amount recoverable against a health care provider. For malpractice that occurs between July 1, 2026 and June 30, 2027, the cap is $2.75 million. It increases by $50,000 each July 1 until it reaches $3 million for acts occurring on or after July 1, 2031.

Do I need an expert to file a medical malpractice case in Virginia?

In almost every case, yes. Virginia requires the patient to obtain a written opinion from a qualified expert stating that the provider deviated from the standard of care and that the deviation caused the injury, before the lawsuit is served.

What counts as medical malpractice?

Medical malpractice occurs when a doctor, nurse, hospital or other health care provider fails to meet the accepted standard of care and that failure injures the patient. A bad outcome alone is not malpractice. The question is whether a reasonably careful provider would have acted differently.

How much does it cost to hire a medical malpractice lawyer?

Hilton & Somer handles medical malpractice cases on a contingency fee basis, so you pay no attorney fees unless we recover compensation for you. The initial consultation is free.