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Virginia Injury Lawyer Blog

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The “Standard of Care” isn’t Standard in Medical Malpractice. Why “Standard of Care” is so critical to your case.

Medicine is a science, yes, but it is also an “art” involving interpretation and analysis. In treating a patient, a physician has to make decisions; decision-making involves weighing available evidence, making a judgment, and choosing a course of action. The challenge for you, if you are a victim pursuing a…

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Challenges in medical malpractice: juries give doctors the “benefit of the doubt”

Research confirms what most medical malpractice attorneys have experienced for many years — the deck is stacked in favor of doctors in medical malpractice lawsuits. A study published in Clinical Orthopaedics and Related Research examined 20 years of medical malpractice cases and found that the doctor most often wins.  Researchers compared…

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Before surgery, ask: Is my doctor qualified to perform this operation?

WSET-TV in Lynchburg took a look at medical malpractice in plastic surgery, finding that some doctors performing plastic surgery operations simply aren’t qualified.  One example is the case of woman represented by partner Gary Brooks Mims whose doctor left her left eye irrevocably damaged. https://wset.com/news/local/unqualified-plastic-surgeons-loophole-in-va-law-lets-any-doctor-perform-plastic-surgery Mims presented evidence that the…

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We Need to Protect Clients’ Privacy from Aggressive and Incorrect Scope of Discovery

Why “reasonably calculated” language must be changed. The scope of discovery is improperly stretched by insurance companies and defense attorneys to gain overly broad access to plaintiffs’ medical records, according to an article recently published as part of the “Practice Tip Series” on the Virginia State Bar website.  “Reasonably Calculated:…

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VA MedMal Plaintiffs Face Unfair Playing Field due to State Laws

by Gary Brooks Mims When you think of the law, most of us tend to think in terms like “justice,” “equality,” or “fairness.”  Unfortunately, the law is not always fair, nor does everyone receive equal treatment, and often, it does not succeed in meting out “justice.” Virginia medical malpractice law…

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Gary B. Mims Appointed to Faculty of the Harry L. Carrico Professionalism Course

Partner Gary Brooks Mims has been appointed by Chief Justice Donald W. Lemons of the Supreme Court of Virginia to the faculty for the Virginia State Bar Harry L. Carrico Professionalism Course. The course is mandatory for all members of the Virginia State Bar. The course must be completed within…

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Matthew Perushek Named “Top 40 under 40” by the National Trial Lawyers Association

Sickels, Frei and Mims, LLP associate Matthew Perushek was named to the “Top 40 under 40” roster by the National Trial Lawyers Association. The honor is by invitation only and is awarded exclusively to civil plaintiff and/or criminal defense attorney. The Top 40 membership is extended to a select few…

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