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In Virginia, you must prove the following four elements to establish a medical malpractice claim:
- Duty — Due to a professional relationship between you and a healthcare provider, they had an obligation to provide you with competent care.
- Breach — The healthcare provider breached that duty by failing to provide care and treatment that met an acceptable standard of care.
- Causation — The healthcare provider’s breach of duty directly caused you to suffer harm.
- Damages — You suffered physical, emotional, and/or financial harm due to the healthcare provider’s actions or failure to act.
To establish those four elements, your attorney may need to review extensive medical records, conduct numerous interviews, and consult with medical professionals with relevant training, knowledge, and experience.