Medical Malpractice & Healthcare Law

Medical Malpractice Defense

In an internet age, nothing is more important than a physician or medical group’s professional reputation.  Medical malpractice lawsuits place the healthcare professional’s reputation and skill at issue where the stakes and pressure are very high.  Medical malpractice lawsuits must be defended and resolved in a way that preserves the healthcare professional’s reputation and optimizes the chances of a favorable outcome.

Frith Anderson & Peake PC regularly handles the defense of a wide variety of medical negligence litigation in Virginia state and federal courts throughout the Commonwealth of Virginia, and particularly in southwestern Virginia, Southside Virginia, and the Shenandoah Valley.   This includes the defense of individual healthcare providers— physicians from essentially every specialty— and dentists, optometrists, podiatrists, chiropractors, and others.

Our senior partner who oversees this practice has been trying medical malpractice cases since the late 1980s.  He has tried numerous medical malpractice cases to verdict and other attorneys on our team also have substantial trial experience and expertise. Our firm has an excellent track record in the cases that we have taken to trial, winning a very high percentage of them.  Representative matters tried include, but are not limited to:

  • Anesthesia complications
  • Birth injury cases, including shoulder dystocia and neurological brain injury cases
  • Surgery and procedure cases of all kinds, including laparoscopic and non-laparoscopic procedures, gastroenterology, general, gynecological, ophthalmology, orthopedic and plastic surgeries
  • Emergency medicine
  • Primary care medicine
  • Radiology
  • Rehabilitation medicine

Our firm also has substantial experience in the representation of hospitals. Representative cases are emergency medicine cases involving alleged misdiagnosis of ectopic pregnancy, alleged misdiagnosis of cardiac patients, cases under EMTALA [“Emergency Medical Treatment and Active Labor Act”], the development of decubitus ulcers, the defense of a hospital’s emergency medical personnel for the negligent provision of emergency services, and the failure to promptly administer electrical defibrillation to a patient in full cardiac arrhythmia.  In the case of Garman v. Stonewall Jackson Hospital (W.D. Va. 1999), we obtained summary judgment for the hospital in an EMTALA case.


Administrative, Professional Licensing and Disciplinary Matters

We have an active administrative practice and handle matters before professional licensing and regulatory boards, including the representation of health care professionals in disciplinary hearings.  A number of our attorneys have experience and expertise in this field.


Other Healthcare Litigation

The firm handles healthcare litigation other than medical negligence cases.  In Kowatli v. Russell County Medical Center, (W.D. Va. 1999), we were successful in obtaining summary judgment for the defendant hospital in an antitrust suit brought by a physician whose privileges had been terminated.  We have also handled other routine negligence actions, including “slip and fall” claims and employment matters for health care facilities.


Healthcare Law and Regulatory Matters

Our firm advises hospital clients and independent physician practices on health care issues involving HIPPA and patient confidentiality, contractual issues, medical records, peer review, risk management, and coverage under professional liability policies.

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AOP Highlight |  Appellate Practice

Frith Anderson & Peake has a broad appellate practice that covers every area of our litigation practice.  Our attorneys can help you evaluate whether an appeal is appropriate for your case and we will assist in your effort to preserve a favorable decision when the opposing party files an appeal. While the trial and appellate practice skill sets overlap in some areas, strong written and oral communication skills are essential in the appellate practice.  Three of Frith Anderson & Peake’s attorneys are former law clerks.  One served on both the Virginia Court of Appeals and Virginia Supreme Court.  Extensive briefs...

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