Todd D. Anderson
For over 25 years, Todd has focused his practice on representing health care practitioners in the defense of medical malpractice claims, obtaining defense verdicts in complex matters including claims for wrongful death and catastrophic injury. His clients have included practitioners in virtually every medical specialty as well as many of the largest hospital systems in Virginia. His institutional clients also have included assisted living facilities, nursing homes, and dialysis centers.
In addition to success at trial, Todd has obtained other favorable outcomes both inside and outside the courtroom. In 2010, Todd secured pre-trial dismissal of a medical malpractice suit based on deficiencies in the plaintiff’s expert designation. The Supreme Court of Virginia unanimously upheld the dismissal in a landmark decision articulating, for the first time, the standard for review in assessing a trial court’s use of discretion. Todd also knows from experience that diligence and preparation can lead to successful results even in settlement or at mediation and he has seen this in multiple high exposure cases involving major amputations as well as in sympathetic matters involving fetal demise and pediatric injury or death.
Todd also represents healthcare providers in disciplinary matters pending before the Virginia Department of Health Professions and he advises health care providers on legal issues related to patient care, such as record-keeping and confidentiality.
Todd also has represented large corporations and major retailers in the defense of general tort and negligence claims involving catastrophic injuries. Representative cases include matters involving fires, defective products, vehicle accidents, and premises liability.
Distinctions and Affiliations
- Listed in Best Lawyers in America
- Medical Malpractice Law - Defendants (2020 - present)
- Selected to Virginia Super Lawyers for Medical Malpractice Defense (2013-2021)
- Selected to Virginia Super Lawyers Rising Stars (2009, 2011-12)
- Martindale-Hubbell Distinguished (SM) Peer Review Rated
- Virginia Association of Defense Attorneys
- Board of Directors 2014-17,
- Capital Region Director 2016-17
- Chair, Medical Malpractice Section 2013-14, Vice Chair 2012-13
- Listed in America’s Top 100 High Stakes Litigators® (2018)
- Defense verdict for hospitalist: The patient claimed failure to address low blood pressure following total hip replacement surgery caused permanent partial paralysis due to a spinal cord infarct (Newport News).
- Defense verdict for orthopedic surgery practice: During XLIF spinal fusion, the vertebral body gave way causing an instrument to slip and lacerate the aorta requiring emergency vascular repair and allegedly resulting in hypoxic brain injury (Richmond).
- Defense verdict for plastic surgeon: The patient claimed use of improper surgical technique in the performance of breast reconstruction surgery following mastectomy allegedly resulting in need for revision surgery (Norfolk).
- Defense verdict for obstetrician-gynecologist: The patient claimed use of improper surgical technique in response to hemorrhaging from a ruptured ovarian cyst allegedly resulting in cancer spread and increase in cancer stage (Chesapeake).
- Defense verdict for two radiologists: The patient claimed a failure to diagnose heel fracture following a motor vehicle accident which allegedly resulted in arthritis and the need for joint fusion surgery (Norfolk).
- Defense verdict for family practitioner: The family of a patient alleged failure to diagnose kidney cancer resulting in death (Richmond).
- Defense verdict for a radiologist: The plaintiff claimed the defendant radiologist was negligent after the plaintiff's father died from aspiration during a barium swallow procedure (Chesterfield).
- Defense verdict for anesthesiologist: The family of a patient alleged wrongful death after the patient died during intubation and the administration of anesthesia (Richmond).
- Motion to dismiss granted in a medical malpractice matter involving failure to diagnose and timely respond to ischemic bowel resulting in resection. Dismissal was affirmed by the Supreme Court of Virginia in an opinion articulating, for the first time, the standard for “abuse of discretion” (Richmond).
- Nonsuit before closing in a medical malpractice matter in which a two-week-old infant died within 24 hours of being released from the emergency room. Plaintiff alleged failure to diagnose urethra defect and distended bladder that ultimately caused sepsis and death. The case was resolved for a nominal amount prior to retrial as a result of the prior nonsuit (Fairfax).