Legal Services

Medical Malpractice Defense

We assist and advise our clients on every aspect of a medical malpractice claim, beginning with the first suggestion of a claim through the trial and any appellate review. We provide aggressive representation from the preparation of the initial response to the complaint, continuing through the taking of depositions, retention of well-qualified expert witnesses to testify on your behalf, and the presentation of your defense at trial. While we are undertaking your defense, we remain cognizant of the fact that you are continuing to meet the demands of your busy practice.

Our attorneys also have substantial success in having obstetric claims referred to the Virginia Neurological Injury Compensation Fund, without any finding of negligence on the part of the practitioner.

Civil Appeals

Our attorneys represent health care professionals before the Virginia Court of Appeals and the Virginia Supreme Court, as well as the United States Court of Appeals for the Fourth Circuit. The representation includes analysis of appellate issues, preparation of all appellate briefs and presentation of oral argument before the courts. Representative appellate work includes Dwyer v. Smith, 867 F.2d 184 (4th Cir. 1989); Gamache v. Allen, 268 Va. 222, 601 S.E.2d 598 (2004); Stottlemeyer v. Ghramm, 268 Va. 7, 597 S.E.2d 191 (2004); Bakke v. Rattner, 46 Va. App. 508, 620 S.E.2d 107 (2005); and Cooper v. Adler, 44 Va. App. 268, 604 S.E.2d 747 (2004).

Professional and Disciplinary Proceedings

Our attorneys are experienced in each phase of the professional disciplinary process and have represented many physicians and other health care professionals before the Virginia Department of Health Professions boards of medicine and nursing. We also assist our clients in responding to inquiries from credentialing and privileging committees and in completing applications for professional liability insurance.

Risk Management

We are available to assist you when you must terminate a patient from your practice, respond to requests for medical records, and in managing other aspects of your practice. The attorneys of McCarthy Massey & Mitchell also conduct seminars for local medical practices, medical societies and professional organizations.

Municipal Law

Joyce A.N. Massey is experienced in many aspects of local government law, including public contracting, Freedom of Information Act, Section 1983 litigation, public employment and issues surrounding incarceration.

Wills & Estate Administration

Joyce A.N. Massey will help you determine whether you need tax planning for your estate or if your needs are adequately met with a simple will. She is able to prepare your will, durable powers of attorney and advance medical directives to meet your estate planning needs. When a will must be probated, Ms. Massey will guide you through the process.