Q: Do I have a good case?

A: One of the most frequently asked questions we encounter from a potential client during the initial client contact is whether he has a good case. Usually there is no way to evaluate the merits of a potential case until after the medical records are obtained and closely reviewed. Generally speaking, most cases have facts which "cut both ways," meaning that there are facts which also help the health care provider defend the claim. Under Virginia law, expert testimony is required to prove a medical malpractice case. Hence, the strength of the case hinges upon the facts that will be in evidence and the testimony of the expert witnesses. Even "good" cases can be lost if the jury tends to believe the version of the facts presented by the defendant health care provider. Nevertheless, after a potential case has been closely evaluated, an attorney may be able to provide an opinion regarding the merits of a case and its probability of success in litigation.