You put your trust — and your health — in the hands of your medical providers. When a preventable mistake betrays that trust, the harm can be life-altering, and the path to accountability is anything but simple. Medical malpractice cases are among the hardest personal injury claims to prove, which is exactly why they demand experienced counsel. Decker Law knows how to build them. Call 757-622-3317 for a free consultation, available 24/7.
WHY MEDICAL MALPRACTICE CASES ARE DIFFERENT
Medical malpractice happens when a provider fails to meet the accepted standard of care and a patient is harmed as a result — misdiagnosis or a missed cancer, a surgical or anesthesia error, a medication mistake, birth injuries, emergency-room negligence, or nursing-home neglect. Proving it takes more than showing a bad outcome; it takes medical expert testimony to establish what a competent provider should have done and how the care fell short. Hospitals and their insurers defend these cases hard, with specialized lawyers of their own.
Virginia adds its own hurdles. Before a case can move forward, the law generally requires a qualified expert to certify that the standard of care was breached (Va. Code § 8.01-20.1), and the Commonwealth caps the total recovery in medical-malpractice cases — a limit set by statute that rises each year (Va. Code § 8.01-581.15). There’s also a filing deadline, generally two years (Va. Code § 8.01-243), with limited exceptions. Missing any of these can end a valid claim before it starts, so early, experienced help matters.
MEDICAL MALPRACTICE: WHAT TO KNOW
What counts as medical malpractice?
A provider falling below the accepted standard of care and causing harm — from misdiagnosis and surgical errors to medication and anesthesia mistakes, birth injuries, ER negligence, and nursing-home neglect. A bad outcome alone isn’t enough; the care itself has to have been negligent.
Why do these cases need expert witnesses?
Because proving negligence requires showing what a competent provider should have done. Virginia generally requires a qualified expert to certify the claim before it’s filed (Va. Code § 8.01-20.1). We work with medical experts from the start.
What can I recover, and is there a cap?
Medical bills, lost wages and earning capacity, and pain and suffering; punitive damages in egregious cases. Virginia does cap the total recovery in med-mal cases (Va. Code § 8.01-581.15) — we’ll explain how that applies to your situation.
How long do we have to file?
Generally two years from the date of the injury (Va. Code § 8.01-243), with limited exceptions. These cases take time to build, so it’s best to talk to a lawyer early.
WHY PATIENTS CHOOSE DECKER
We build the medical case
We bring in the right experts to show exactly how the standard of care was broken and how it harmed you.
We clear Virginia’s hurdles
Expert certification, the damages cap, tight deadlines — we know the rules that trip up med-mal claims and we meet them.
We take on the defense teams
Hospitals lawyer up fast. We stand toe-to-toe with them and keep the focus on your recovery.
MEET OUR LAWYERS
Martin Thomas
Martin Thomas is the firm’s president and managing attorney, concentrating on personal injury, criminal, and traffic law. He handles multimillion-dollar injury cases throughout Virginia and has been named to Super Lawyers for personal injury.
MEET OUR LAWYERS
Joseph Rigney
A Chesapeake native and former prosecutor, Joseph Rigney focuses on personal injury and criminal defense, including traffic law. He tries both civil and criminal cases in the courts of Norfolk, Portsmouth, Virginia Beach, Chesapeake, Suffolk, Hampton, and Newport News.
MEET OUR LAWYERS
Martin Thomas, Jr.
Martin Thomas, Jr. focuses on personal injury, criminal, and traffic law, along with contract law and civil litigation. He tries cases in the courts of Virginia Beach, Norfolk, Portsmouth, and Chesapeake, and serves on Norfolk City Council.
MEET OUR LAWYERS
Michelle Parker
Michelle Parker concentrates on personal injury, elder law, wills, trusts and estates, litigation, corporate law, and criminal defense. She handles civil, probate, and traffic cases throughout the seven cities of Greater Hampton Roads.
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George Neskis
George Neskis represents clients charged with criminal and traffic offenses — from DUI and reckless driving to felony matters — and also handles personal injury. A former Norfolk Assistant Commonwealth’s Attorney, he practices across all seven Hampton Roads cities and has been named to Super Lawyers for criminal defense.
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Joel Weintraub
Joel Weintraub has been practicing law for over 40 years and focuses his practice on civil litigation involving disputes between individuals and corporations. Joel’s recent cases involve corporate litigation, personal injury, business law, will and trust contests and interpretation, shareholder rights, and estate administration.
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Cole Roberts
A Norfolk native and former Public Defender, Cole Roberts represents clients in criminal defense and traffic matters, from reckless driving and DUI to serious felonies. He has tried numerous jury cases across the seven Hampton Roads cities.
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Peter Decker, III
Peter Decker, III focuses his practice on criminal, traffic, and personal injury. He regularly practices in the General District, Juvenile and Domestic Relations, and Circuit Courts of Virginia Beach, Norfolk, Chesapeake, Portsmouth, Hampton, Suffolk and Newport News.
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Jeffrey Partington
A Virginia Beach native, Jeffrey Partington serves clients in personal injury, workers’ compensation, and business law, and has worked both sides of the aisle. He practices in the courts of Norfolk, Virginia Beach, Chesapeake, Newport News, Portsmouth, Hampton, and Suffolk.
These cases take time to build and have strict deadlines — the sooner we start, the stronger your claim. Reach us by text, chat, phone, or email — or call right now at 757-622-3317.
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December 2 2025
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