My wife was wrongly diagnosed. What do I?

If you think you or a family member has a medical malpractice case, you should call me, Anthony L. Montagna, III, a medical malpractice lawyer in Norfolk, Virginia. I will advise you to obtain all medical records that support your contention that you or a family member was a victim of medical malpractice. It is important to understand that the fact that a mistake occurred does not automatically create a cause of action against the doctor.

To succeed in a medical malpractice case, we must prove that the doctor breached the standard of care. As an experienced lawyer, I will help to ensure that your case is reviewed by knowledgeable, medical personnel.

If you have any questions, please feel free to contact my firm, Montagna & Montagna, P.C. We are experienced lawyers, who practice in Norfolk, Virginia Beach, and all of Hampton Roads, Virginia. Our telephone number is 757-625-3500.

I was hurt by a drunk driver. What should I do?

First, you should contact me, Anthony Montagna, III, a personal injury lawyer. Since you are hurt, you should immediately go to the hospital for treatment and plan to follow up with your personal physician if instructed by the hospital staff.

As an experienced personal injury lawyer in Norfolk, Virginia, I can help you receive fair compensation for your injuries. You may be entitled to punitive damages, which are intended to punish the defendant for driving drunk. Thus, it is important to receive guidance from an experienced lawyer who serves injured parties in Norfolk, Virginia Beach, and Hampton Roads.

In any case, you should avoid speaking to the insurance adjustor, except for allowing him to inspect and fix your vehicle. I would welcome the opportunity to help and serve you.

Wilder v. Commonwealth (911 Tape- Hearsay - Confrontation Clause)

In this case, The Virginia Court of Appeals rules that 911 tapes should not be allowed into evidence unless the person making the statement is facing an on going emergency. The basis for the holding is the admission of the tape would violate the defendant's Sixth Amendment right to confront the witness.

Brown v. Commonwealth (Juvenile - Mandatory Minimum Sentence)

In this case, The Virginia Supreme Court rules effectively that when a juvenile is tried as an adult and receives a mandatory minimum sentence (e.g. use of firearm during commission of a felony) that the trial court cannot sentence the defendant as a juvenile offender. The Court concurred with the Virginia Court of Appeals in stating that the circuit court should have followed Section 16.1-272(A)(1) instead of Section 16.1-272(A)(2).

Franks v. Delaware, 438 U.S. 154 (1978)

This case lays the foundation for courts in determining the validity of an affidavit in support of a search warrant. In effect, the Court ruled that the defendant must establish the requisite substantial preliminary showing that the search warrant affidavit contains deliberately false or recklessly false statements or omissions required in support of probable cause.

Jones v. Commonwealth (DUI- Blood Test Refusal- Evidence of Guilt)

In this case, The Virginia Supreme Court ruled that the defendant's refusal to perform field sobriety tests cannot be used as evidence of guilt. However, the refusal when accompanied with other indicia of of alcohol consumption and its effects on the defendant may be used in reviewing probable cause to arrest.

Anderson v. Commonwealth (Miranda warning- public safety exception-loaded gun

In this case, the Virginia Supreme Court ruled that the public safety exception to the Miranda warnings justified admitting the defendant's statement about whether the gun was loaded in response to officer's questions.