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Watch the video below to learn all you need to know about surgical injuries and medical malpractice. Learn More: Wrong Site Surgery & Wrong Patient (Surgical Negligence) Retained Surgical Foreign Bodies After Surgery What Is The Difference Between Medical Malpractice And Medical Negligence? Video Transcript Timestamps 0:00 Intro 0:17 Injuries Will Happen 0:53 Possible Complications 2:01 Surgical Injury Medical Malpractice Hi, I’m Bill Hinnant, physician attorney. It’s a pleasure to be with you today. Our topic today is surgical injuries. 0:17 Injuries Will Happen Surgical injuries are an interesting topic from a medical-legal standpoint because injuries are going to occur. Any of you who have ever undergone surgery probably realize that you signed an informed consent at the time that you undergo an operation that explains to you or should explain to you what the potential expectations following the procedure should be, and you also should be warned as to what potential complications might be expected. 0:53 Possible Complications Typically, these will include things like bleeding, infections, surgical scars, maybe injury to adjacent organs, this type thing. The long and short of it is that in surgical practice, whether it’s general surgery or some surgical sub-specialty, injuries do occur. So what generally occurs in the case of surgical injuries is ok, what is a complication versus what might be negligence? And negligence amounts to no more than just carelessness. What’s carelessness versus what is an expected potential complication of the procedure? These are tough cases because many lawyers will tell you if you come in with a surgical injury and some damages that you’ve accrued as a result of that injury, that well, the reaction is really not possible because you signed a consent and you acknowledged that there may be some possibility of a complication. 2:01 Surgical Injury Medical Malpractice I’d submit to you that these cases need to be looked at in a very critical fashion by someone with medical and legal experience because every surgical injury is not necessarily a complication. And number two, if an injury occurs that might otherwise be a complication, if it’s not detected at the time it occurs, and isn’t properly addressed, what you may be dealing with is medical negligence. Doctors, nurses, and other medical professionals in the operating room are responsible for ensuring that patients get the best possible care, regardless of whether a procedure has been planned for months. Our Nationwide surgical error lawyers can help you to hold negligent parties accountable for your injuries and prevent that from happening. According to the Agency of Healthcare Research and Quality ( AHRQ), around 1 in 112,000 surgical procedures results in injuries. These errors, also known as medical negligence, can occur for many reasons. However, these reasons don’t excuse negligent medical professionals. Patients have the right to hold negligent medical professionals accountable for any errors they may have prevented. These rights can be explained to you by our Physician Attorneys at LawMD. What Kinds Of Surgical Errors Are Common? The wrong site procedure. This is the most common type of surgical error and injury. This happens when patients have surgery done on healthy parts of their bodies instead of the ones that require it. It is most common when surgery is performed on the wrong side. Patients may need to have their healthy organs removed in the most serious cases. Wrong Patient Surgeries. Communication is essential between doctors, nurses, as well as other medical staff. If charts are not maintained, or patient confirmations don’t occur prior to procedures, it is possible that a patient may have surgery that isn’t meant for him. Anesthesia Errors. Anesthesia errors. Brain damage can occur if too much medication is given. Too little could cause the patient to wake up or feel unnecessary pain. To ensure that the patient is not unconscious, the anesthesiologist must also consider age, weight, and medication allergies. Another common error in surgery is: Incorrect use Negligent sanitation preparation Unnecessary surgeries You should not leave surgical instruments, sponges, or towels behind. Nerve damage Prematurely releasing a patient Failure to follow up with patients after surgery Our Nationwide surgical injury lawyers are available to help you if you feel you have been wrongfully injured after a medical procedure. We will investigate your case and show you why it happened. Why Do Surgical Mistakes Happen? Every surgery is different, and every error is unique. However, there are certain patterns that can be used to identify surgical errors. Poor Communication. Poor communication can lead to a variety of errors including wrong side or site surgeries. Before the surgery begins, surgeons must ensure that all medical equipment is available. There could be complications if they don’t inform the nurse. Inadequate training. Not all medical professionals we meet are as qualified as they should be. Your surgery may fail if your surgeon is not familiar with the procedure or lacks the necessary knowledge. Fatigue. Many doctors and nurses work too hard. A surgeon who works a long shift may make more mistakes if tired. Neglect. A doctor who fails to sterilize or verify a patient or uses surgical equipment known to be defective can cause serious injury to the patient. What Are The Consequences Of Errors During Surgery? Even though surgeons follow safety protocols, errors can still happen. Patients may believe that the symptoms they experience after surgery are normal. However, you should immediately contact your doctor if you notice any of these symptoms. Fever Sharp pains at the surgical site Abdominal pain Swelling or redness near a surgical wound Vomiting These symptoms may indicate an infection. Although infections can be treated, it’s possible that the infection was not present in the first instance. The patient may need additional surgery if the infection is caused by a medical device left in their body. This can increase the risk of further complications. Anesthesia errors are among the most fatal of all the errors that we have discussed. Brain death can happen before medical intervention is possible. Can An Attorney Help Me Prove That A Preventable Surgical Error Occurred? There are always risks involved in any type of surgery, especially considering the complex nature of invasive procedures. However, if a healthcare professional fails to uphold the standard of care or results in injuries, our Nationwide surgical error lawyers can help you file a medical malpractice lawsuit. Three essential elements are required for a claim to be successful: Breach. The work of a medical professional fell below the accepted and expected duty of care. Injuries. The doctor’s negligence caused the patient’s injury. Damages. The patient’s injury had a detrimental impact on their physical, financial, and psychological health. Our skilled Physician Attorney Team can help you because every case is different. LawMD is ready to examine your case and show you that you are entitled to compensation. Your medical expenses, future care costs, lost wages, pain, suffering, and other damages may all be covered by compensation. Contact us for more information about your legal rights.

“What should you do if you suspect brain injury during labor?” we’ll answer this common birth injury-related question for you in our video below. Learn More: What is Birth-Related Injury? – Birth-Related Medical Malpractice How Do You Know If You Have A Case For Medical Malpractice? What is Birth Injury? – Birth Injury Overview Video Transcript Timestamps 0:00 Intro 0:18 What Should You Do If You Suspect Brain Injury During Labor? 1:16 Talking With Your Provider 1:42 Request Your Medical Records 0:18 What Should You Do If You Suspect Brain Injury During Labor? What do you do if your baby was just born and there seemed to be some problem with the baby, some issue neurologically, physically something that must have happened during the course of labor, and now what do you do as a parent? Well, the first thing you can try to do is talk to the physician taking care of your baby, and try to get an understanding in lay terms as to what’s going on. Does the baby have an injury to the brain? Did the baby have any hypoxi injury or decreased oxygen to the brain during labor or during the delivery? Was there any trauma the baby sustained at the time of delivery? How was the baby doing right at that moment? What scanning, ultrasound, or imaging study are they planning to do to evaluate the potential injury to the baby? How’s the baby’s current oxygen levels doing right now? 1:16 Talking With Your Provider Another issue to talk to the provider about is whether or not cooling of the baby’s head needs to be done because colling of that baby’s head sometimes can help decrease the effect of a brain injury. 1:42 Request Your Medical Records Your concern first needs to be about getting good care for your baby and trying to limit whatever damage occurred during the child birthing process. Once you kind of get that figured out, then you need to request the medical records and you should have them reviewed fairly promptly by someone knowledgeable so that they can tell you whether or not there was some issue with the care that was rendered. That’s important because medical records over time, sometimes get more difficult to interpret. It’s always better to look at something pretty soon after it’s happened. People’s memories are better, you can get better information, and not everything that happens in the birthing event is necessarily recorded in the medical records. But especially today with electronic medical records, sometimes things are not put into records, and they should be. It’s important if you think there’s actually been an injury to your baby that once you feel like you’ve assessed the injury, talked to the providers, and the baby’s getting the care it needs to minimize the damage, it’s important to get the records and get them looked at and find out whether or not there’s an issue with care. If we can be of any help in that regard, please feel free to click on the link below, and we’ll be glad to help you in assessing your case.

Learn More: Vacuum Extraction Birth Injury – Suction Device Injuries What is Birth Injury? – Birth Injury Overview How To Find A Good Medical Malpractice Attorney (And How To Choose The Right One) Video Transcript Timestamps 0:00 Intro 0:34 What Are Forceps? 1:02 Common Forcep Delivery Injuries Ok guys, we’re going to talk about forcep injuries. This is Francois Blaudeau, MD, JD, lawyer, doctor, from Birmingham, AL, part of the LawMD team. And I’m a specialist in obstetrics and gynecology, and delivered over 9,000 babies, and been a lawyer for 23 years, and tried a lot of cases involving birth injuries. And I’m here today to talk to you about forcep injuries. 0:34 What Are Forceps? So what are forceps? Forceps are these metal spoons that doctors sometimes use to help deliver a baby when the baby’s kind of stuck in the birth canal, and the mother’s too tired to push the baby out. And forceps when applied correctly work pretty well. And they’re relatively safe to use. But if forceps are applied incorrectly, they can cause significant damage to a baby. 1:02 Common Forcep Delivery Injuries And usually, that injury is a skull fracture or a pressure on the brain that causes bleeding internally like a subdural hematoma, or a subchorionic hematoma, and so general trauma to the brain. And forceps are applied on the baby’s head, usually, they come in on the side of the baby’s head, and I could do this move and pull out the baby’s head that way. But if the doctor puts the forceps over the face and tries to pull, the doctor can cause injuries to the orbit, injuries to the nose, to the face. And if the doctor puts too much rotational pull on the baby’s head, the shearing can cause bleeding inside the brain. If the doctor puts too much stress on the forcep, then the doctor can cause a skull fracture. Issues relating to forcep injuries tend to be more neurological, and sometimes they require intervention. So if there’s a brain bleed, if it’s a significant one, sometimes you got to relieve the pressure. Sometimes you can take the pressure off the brain to help with that. If you believe your baby has been injured by forceps, and you’ve been told there’s been a brain injury related to the baby that was born where forceps were used, it may be that the forces cause the brain injury. For those kinds of cases, you should consider getting the records and sending to us, and letting us look and see whether or not we think the injury was related to the forcep application. And whether the forcep application was correctly done, whether it was indicated, and whether or not we believe a breach in standard care occurred. So again, if you’ve had a baby that’s been injured by forceps, had some type of brain injury or a skull injury related to forcep application, please feel free to reach out to us. Let us look at the records, let us help you figure out whether or not the standard of care was followed. Thank you.

Do you want to learn more about the problems resulting from a delay in performing a c-section? Stick around as our delayed c-section attorneys walk you through c-section birth injuries. Learn More: What is Birth Injury? – Birth Injury Overview What Constitutes A Medical Malpractice Lawsuit? Vacuum Extraction Birth Injury – Suction Device Injuries Video Transcript Timestamps 0:00 Intro 0:13 Delayed C-Section Birth Injuries Overview 0:40 Space Of Time Where Injury Can Occur 1:40 Qualified Physician-Attorneys At LawMD This is Dr. Franҫois Blaudeau with LawMD, a group of delayed c-section lawyers. I’m an OBGYN doctor and lawyer. I wanted to talk to you all today about a delay in performing Cesarean sections. 0:13 Delayed C-Section Birth Injuries Overview So if during the course of labor, a woman makes a decision that she doesn’t think the labor is going well, or she’s uncomfortable, she’s scared that her baby’s not doing well and she makes a decision she wants to proceed with a Cesarean section, sometimes there’s a delay in performing that C-Section. 0:40 Space Of Time Where Injury Can Occur And sometimes during the course of that delay, there may be some injury that occurs to the baby. If you’re in a situation where you had a long labor and you got to a point where you just thought your baby wasn’t doing well, you weren’t doing well, you wanted to go ahead with the C-Section and the C-Section wasn’t done at that time or it was delayed, and then eventually you ended up having to have some kind of emergency C-Section because the baby didn’t do well and crashed and had low Apgar scores at birth and may have had a hypoxic or decreased oxygen event causing C-section birth injuries, then that’s a case that our delayed c-section lawyers at LawMD would like to look at. 1:40 Qualified Physician-Attorneys At LawMD We believe patient autonomy is an important thing. And we believe physicians ought to talk with their patients and listen to their patients. And if you feel like during the course of your labor, you asked for a Caesarean section and the doctor refused to do it, and then ultimately ended up doing the C-Section hours later, with a bad outcome for your baby, we’d like to look at those records and look at that case with you and see if we can help. Thank you.

Would you like to learn more about failure to diagnose birth defects and obstetric complications? You’re in the right place. Watch our video below to learn about failure to diagnose birth defects and birth obstetric complication cases. Learn More: Failure To Diagnose A Condition – The Most Common Types Of Negligence Can You Sue a Doctor for Failure to Diagnose? What Is Failure to Diagnose? Video Transcript Timestamps 0:00 Intro 0:38 Prenatal Screening 1:36 Financial Consequences Failure to diagnose birth defects and complications of birth can be devastating in terms of their consequences. 0:38 Failure To Diagnose Birth Defects And Obstetric Complications: Prenatal Screening If a birth defect is not picked up and timely addressed, or if complications of delivery are likewise not timely addressed, especially now because of the extensive prenatal screenings that are now done, birth defects or at least evidence of them is virtually always obtainable prior to the birth of the baby. So it’s important to keep your prenatal appointments, particularly any blood testing or imaging studies that are ordered. From the standpoint of physicians, it’s important to carefully review the ultrasounds of the baby. Timely pickup of a birth defect perhaps antenatally (before a pregnant woman’s baby is born), could prevent damages related to that birth defect. So again, it’s very important that these be picked up early because they have lifelong consequences, which tend to make for e xtensive damages in a birth injury case. 1:36 Financial Consequences We frequently utilize experts or life care planners to give us some idea of what the financial impact of a lifetime problem could be. It’s receiving medical treatment, perhaps medical devices, perhaps some ongoing procedure that may need to be performed on a periodic basis. But again, these are cases when birth defects are missed or when obstetrical complications occur. If they are not picked up early, the lifetime consequence of these problems is devastating, not only on the individual, but also in the family, and the prevention is all in early detection. If your baby has been affected by Birth Defects and/or Obstetric Complications, you deserve more than just answers—you deserve full and fair compensation. The dedicated Physician Attorneys at LawMD are nationally recognized for their work. We help families across the United States; let us help yours. If you or your loved one has been permanently or seriously injured due to negligence of a Doctor or Hospital, contact the Medical-Legal team at LawMD. More than 10 of our lawyers are also physicians. For serious injuries, LawMD is the right medicine for justice.

It’s normal to feel apprehensive before any surgical procedure. Doctors perform about 51.4 million inpatient surgeries each year, and another 53 million outpatient procedures annually in surgical centers and clinics throughout the United States. Fortunately, most surgeries are extremely safe, and complications are rare. However, no surgery is completely without risk. Knowing what to expect and which questions to ask before your procedure can help minimize your fears and ensure you have a positive experience. Why Do I Need This Procedure? Your doctor or surgeon should thoroughly explain what surgery is being performed and what he or she is trying to accomplish. Some surgeries are exploratory, which means the surgeon suspects a problem and is trying to get a proper diagnosis. Other procedures are necessary for relieving pain or removing a growth or part of the body that is impeding body function.In some cases, there are reasonable alternatives to surgery. Despite the relative safety of surgical procedures, there is always risk involved, however minute. Some health problems are stable enough to use a “wait and see” approach. Other conditions may respond well to less invasive treatments, such as medication or physical therapy. Your doctor should present all of your options, including doing nothing. In explaining the surgery, your doctor should also tell you where it’s being performed and which health professionals will be involved in your procedure. Many operations require the help of a team of doctors. For example, your procedure may require a general surgeon, as well as your doctor. You will also likely need an anesthesiologist or a nurse anesthetist to administer the medication necessary to put you to sleep and to monitor your vitals during surgery. You may wish to meet these physicians prior to your surgery. At the very least, they should consult with you immediately prior to your procedure. What Outcome Can I Expect? Just as your doctor should explain the procedure, he or she should also give you a clear idea of the outcome. Although everyone responds differently to surgery, your doctor should have a good idea of the likelihood of success, as well as how your body will respond to the operation. Ask your doctor how many times he or she has performed the procedure in the past, and what kind of results he or she has seen in other patients. For example, some surgeries require a day or two of recovery time, during which pain and discomfort can be managed with over-the-counter painkillers. Other procedures require days in the hospital and a lengthy recovery. Some conditions respond well to surgery; other conditions have a less favorable success rate. Knowing what to expect when you wake up will help you adjust your work and social schedule and plan for any help you may need in the days and weeks following your procedure. What Are the Risks of This Surgery? Patients are required to sign consent forms before any surgery, however minor. This can be a scary process, as these forms are likely to list every known complication, even if the risk of something bad happening is infinitesimally small. Talk to your doctor about these risks. Your physician can explain the reasons why complications have occurred in the past, as well as steps he or she will take to ensure your surgery progresses safely. Communicating with Your Doctor Most doctors are busy people. Patients often feel like they don’t receive the individual attention they need to feel comfortable or wholly informed. If you are unsure about any part of your surgery, let your doctor know. When your health and well-being are at stake, you deserve a thorough explanation and clear answers to your questions. Some patients find it helps to write questions down in advance of seeing their doctor, as this helps you stay focused and ensures you don’t forget anything when you have your doctor’s attention. Call LawMD about Your Case If you believe you were injured by a doctor’s negligence, you may have a medical malpractice claim. Our physician-attorneys will evaluate your case for free and discuss your options at no cost to you. Call us at (833) 695-2963 to speak to an experienced medical malpractice attorney.

At LawMD, over ten of our medical malpractice lawyers are also doctors. As doctors, we understand the medicine in your case. As lawyers, we know how to use our medical knowledge to get justice for our clients Failure to treat a patient is one of the many ways that doctors’ can breach their duty of care. Failure to treat the patient’s medical condition can lead to devastating injuries, disabilities, and even death. This failure to treat can occur in many ways including: Failure to treat a patient as soon as possible. Failure to review a patient’s medical history. Wrongful discharge of a patient in need of medical care. Failure to admit a patient in need of emergency care. Failure to treat a patient because of lack of insurance. Failure to assess and monitor a patient’s medical condition. Nursing negligence, a nurse failing to carry out a doctor’s orders. Failure to order or perform necessary medical tests and evaluations. Failure to refer a patient to the required specialist when necessary. Failure to inform a patient about available treatments for the medical conditions. Failure to adhere to accepted standards of care. Before any medical condition can be properly treated, it must first be identified. In many instances, the doctor or hospital staff reach a diagnosis in haste, and the true condition is not properly identified, resulting in the incorrect treatment being prescribed or delivered. Establishing a doctor’s negligent failure to treat is not enough. It is also necessary to establish that an injury or adverse condition resulted from the failure and to establish the extent of harm. Failure to treat a condition in a timely manner can subject a patient to many new health complications. In fact, just a few moments of delay in treatment can make a difference between life and death. Even in cases when failure to treat does not result in permanent injury or death to a patient, it could cause the patient to suffer life-altering pecuniary losses. For example, failure to treat a patient can prolong the patient’s stay in a hospital or require the patient to undergo costly surgical procedures that require months or years of recuperation and rehabilitation. Such situations can also result in income losses that destroy the patient’s ability to provide for his or her family. STATUTE OF LIMITATIONS IN FILING A LAWSUIT. There are certain specific time limits, restrictions, and rules for filing medical malpractice lawsuits. Statutes of limitations set the period of time within which a victim of medical malpractice must file a lawsuit. Statute of limitations generally range between one and three years from the date of the negligent event, but each state jurisdiction has its own statute of limitations and it is extremely important to know what the statute of limitations is for your case in the jurisdiction applicable to your case. The Statute of limitations in a failure to treat malpractice claim can be tricky sometimes to determine precisely, therefore it is critical that you contact a knowledgeable failure to treat lawyer as soon as possible to make sure you don’t lose your case to the Statute because you simply ran out of time to file your lawsuit. COMPENSATION FOR A VICTIM OF MEDICAL MALPRACTICE. Our LawMD team of physician-attorneys fight to help our clients obtain maximum compensation for their failure to treat malpractice cases. Our attorneys help victims recover compensatory damages mentioned below. ECONOMIC DAMAGES. Medical bills. Lost wages. Lost earning capacity. Estimated future medical expenses. Out of pocket expenditure. NON-ECONOMIC DAMAGES Pain and suffering Mental anguish Emotional distress Loss of enjoyment of life Our physician lawyers are relentless in their pursuit of securing maximum compensation through verdicts and settlements for victims of medical malpractices all across the country. WHY HIRE LAWMD? LawMD has assembled a team of physician attorneys who examine, prepare and present complicated and complex medical evidence. Their extensive experience and knowledge have been instrumental in achieving unparalleled success by winning claims worth millions of dollars all across the country. LawMD seeks the opinion of medical experts of the highest quality and training, many of whom are our own in house team of Doctor Lawyers. The testimony of medical expert witnesses establishes what the appropriate course of treatment should have been under the circumstances, and also explains how the physician’s conduct fell short of that standard. Our team of medical malpractice lawyers will roll up their sleeves, and Conduct a thorough investigation of the case Consult our in house team of medical and legal experts Identify all potentially liable parties Determine the value of the claim Coordinate and communicate with legal representatives of the defendants At the client’s direction, work to secure an offer for a fair settlement on our client’s behalf Take the case to trial if required CONTACT A MEDICAL MALPRACTICE FAILURE TO TREAT LAWYER. If you didn’t get the medical treatment you needed, get the legal help you deserve. Talk to our Attorney Physicians if you have suffered as a result of a healthcare provider’s failure to treat. We have decades of experience and understanding of medicine and the law to deliver towards the success of your case.

“Can a brain bleed heal itself?” is often a question that comes up. Watch our video below to learn more about bleeding in the brain and healing a brain bleed. Learn More: What Are The Signs and Symptoms Of Intracranial Hemorrhage? Intracranial Hemorrhage In Premature Infants What is Birth Injury? – Birth Injury Overview Video Transcript Timestamps 0:00 Intro 0:37 Can A Brain Bleed Heal Itself? – Cases Of Intracranial Hemorrhage Brain bleeds in premature babies are not like bleeding from your arm if you happen to get a cut, so healing a brain bleed is very involved. We can’t go in and actually stop the bleeding in the brain of a newborn. 0:37 Can A Brain Bleed Heal Itself? – Cases Of Intracranial Hemorrhage What we can do to make sure that this bleeding stops as quickly as possible is to do a bunch of tests on the baby to determine for example, if their bleeding is coming from an abnormality of their blood. For example, if their platelets, which help to stop bleeding from occurring are very very low, then we can replace the platelets or if they don’t have an adequate amount of clotting substances in their blood, then we can provide them with some of the clotting substances. As I said you can’t go in there and do anything from a surgical standpoint to stop the bleeding. It usually stops on its own. How much bleeding occurs before it stops is really up to the particular condition of the baby. If your baby has been affected by a brain bleed, you deserve more than just answers—you deserve full and fair compensation. The dedicated Physician Attorneys at LawMD are nationally recognized for their work. We help families across the United States; let us help yours. If you or your loved one has been permanently or seriously injured due to negligence, contact the Medical-Legal team at LawMD. More than 10 of our lawyers are also physicians. For serious injuries, LawMD is the right medicine for justice.

“How do doctors fix a brain bleed in an infant?” is a question we sometimes get. Watch the video below to learn more about intracranial hemorrhage cases and more. Learn More: Can A Brain Bleed Heal Itself? – Bleeding in the Brain What Are The Signs and Symptoms Of Intracranial Hemorrhage? Signs and Symptoms of Intracranial Hemorrhage Video Transcript Timestamps 0:00 Intro 0:33 How Do Doctors Fix A Brain Bleed In An Infant? Close Monitoring 1:24 How Do Doctors Fix A Brain Bleed In An Infant? In Cases Of Intracranial Hemorrhage Once doctors have determined that the baby has bleeding into the brain or into the ventricles, the most important thing is for the doctors and the nursing staff to stay very informed on what’s happening to the baby. 0:33 How Do Doctors Fix A Brain Bleed In An Infant? Close Monitoring Neonatal nurses keep very close tabs on how much the baby moves, how well the feedings are going, what the blood pressure is, how the IVs are working, and all the different medications that the baby needs to take. The doctors, of course, read the nurses’ notes, examine the babies, look at the x-rays, review with other doctors what’s happening with the baby, and keep very close tabs on the baby. Once they do that and if they keep things like the blood pressure in a normal range, if they make sure that the clotting studies are good, then the bleeding stops and much of the bleeding is going to go away then is absorbed by the body. 1:24 In Cases Of Intracranial Hemorrhage This of course can take weeks and sometimes months to happen, but when it does, in many cases, the baby does absolutely fine. Close follow-up is the thing that needs to be done in the neonatal unit, and that is what most neonatal units do. If your baby has been affected by a brain bleed, you deserve more than just answers—you deserve full and fair compensation. The dedicated Physician Attorneys at LawMD are nationally recognized for their work. We help families across the United States; let us help yours. If you or your loved one has been permanently or seriously injured due to negligence of a Doctor or Hospital, contact the Medical-Legal team at LawMD. More than 10 of our lawyers are also physicians. For serious injuries, LawMD is the right medicine for justice.

Suffering a permanent disability can be life-changing, and when that disability is caused by medical malpractice, the consequences can feel even more overwhelming. Whether it is the result of a surgical error, misdiagnosis, or improper treatment, these injuries can have a long-lasting impact on your ability to work, live independently, and enjoy life. Understanding the legal steps to take after such an event is key to protecting your rights and seeking compensation. Understanding Permanent Disabilities and Medical Malpractice A permanent disability is any condition resulting in lasting loss of function, mobility, or independence. Permanent disabilities can include a wide range of outcomes, such as amputations, paralysis, chronic pain, or neurological impairments. These disabilities often require ongoing medical care and can significantly impact a person’s quality of life. In the context of medical malpractice, a permanent disability can arise when a healthcare provider fails to meet the accepted standard of care during diagnosis, treatment, or surgery. Common causes include: Surgical Errors: Mistakes during surgery may include operating on the wrong body part, damaging nerves, or leaving instruments inside the patient, which can lead to long-term disability. Misdiagnosis or Delayed Diagnosis: Failing to diagnose a serious health condition in time can allow it to progress to an untreatable stage, resulting in permanent damage. Improper Treatment: Administering incorrect medications, doses, or procedures can worsen a patient’s condition or create new health problems. Birth Injuries: Complications during childbirth could involve the improper use of forceps or failure to address fetal distress, leading to conditions like cerebral palsy or nerve damage, causing lifelong disabilities for the child. Anesthesia Errors: Mistakes in administering anesthesia can include giving the wrong dose or failing to monitor the patient adequately, which can lead to brain damage, oxygen deprivation, or other permanent impairments. Failure to Prevent Infections: Inadequate sterilization of surgical tools or neglecting post-operative care can lead to severe infections, like sepsis, which may result in organ damage, amputations, or other permanent disabilities. When medical professionals fail to provide adequate care, and that failure directly leads to permanent disability, you may have grounds for a medical malpractice claim. Our attorneys are also medical doctors who bring a wealth of experience in both medicine and the law to bear in assisting with your Medical Malpractice case. Our team of attorneys includes board-certified Surgeons, Neonatal Specialists and Anesthesiologists, among others. Having an attorney on your side who is also a physician can help to ensure the best possible outcome for your medical malpractice case. Legal Standards for Proving Malpractice in Permanent Disability Cases To hold a healthcare provider accountable for malpractice, you must meet the legal standards for proving negligence. Establishing liability for negligence requires demonstrating that the medical professional deviated from the standard of care expected in their field. Several key elements must be proven in a malpractice case: Duty of Care: The medical provider was legally obligated to treat you consistently with accepted medical practices. Breach of Duty: The provider failed to meet this standard of care through their actions or inactions. Causation: The breach of duty directly caused your injury or led to a worsening of the condition. Damages: You suffered physical, emotional, or financial harm due to the malpractice. Proving negligence can be complex, especially in cases involving permanent disabilities where the effects of malpractice may not be immediately clear. Often, medical experts are required to testify on what the standard of care should have been and how the provider’s actions deviated from it. Steps to Take Immediately After Suffering a Disability If you have suffered a permanent disability due to medical malpractice, taking the right steps as soon as possible is critical. These steps help protect your health and safeguard your ability to file a malpractice claim. Seek Immediate Medical Attention and Secure a Second Opinion Your priority should be addressing your medical needs. Seek treatment for your condition and, if possible, obtain a second opinion from another healthcare provider. Second opinions ensure that your injury is properly diagnosed and treated, and they may also provide critical evidence if your original treatment was inappropriate or harmful. Collect Medical Records and Document Symptoms Obtain copies of all relevant medical records, including diagnoses, test results, and treatment plans. These documents are essential for building a malpractice case, as they provide a timeline of the care you received and its effects on your health. Keep a personal journal documenting your symptoms, treatments, and the disability’s impact on your daily life. Notify Healthcare Providers of Your Intent to File a Claim Under D.C. Code § 16-2802, Washington D.C. law requires that you notify the healthcare provider or institution of your intent to file a medical malpractice claim. This “Notice of Intention” must be provided before filing the lawsuit and is a necessary step in initiating legal action. Be Aware of the Statute of Limitations Washington, D.C. has a strict statute of limitations for medical malpractice cases, outlined in D.C. Code § 12-301. In most cases, you have three years from the date of the injury (or the date you discovered the injury) to file a malpractice claim. However, if you fail to act within this time frame, you may lose the right to pursue compensation. Taking legal steps as quickly as possible ensures you comply with all legal deadlines and requirements. Seek Compensation for Your Damages If your claim is successful, you may be entitled to compensation for a range of damages, including: Medical Bills: This includes the cost of treating your original injury and any ongoing care related to your permanent disability. Rehabilitation Costs: Many individuals with permanent disabilities require physical therapy, occupational therapy, or other rehabilitative treatments. Loss of Income: If your disability prevents you from working or reduces your earning capacity, you can seek compensation for lost wages. Pain and Suffering: Malpractice can take an emotional toll, and compensation may be available for the mental anguish and diminished quality of life resulting from the injury. How an Experienced Medical Malpractice Attorney Can Help Suffering a permanent disability due to medical malpractice is a life-altering event that can leave you facing significant physical, emotional, and financial challenges. Taking immediate action to protect your legal rights is necessary to ensure you receive compensation to cover your medical costs and support your future. Our physician attorneys have a deep understanding of chronic condition management and medical malpractice laws. LawMD is here to help you seek justice and fair compensation. Contact us at 844-732-1024 to discuss your case and learn how we can assist in securing your rights.

Learn More What is Birth-Related Injury? – Birth-Related Medical Malpractice Failure to Diagnose Lawsuit Settlements Is Failure to Diagnose a Form of Medical Negligence? Video Transcript Timestamps 0:00 Intro 0:07 Finding  A Qualified Attorney For Your Case 2:20 What To Consider When Hiring An Attorney 0:07 Finding  A Qualified Attorney For Your Case How do you find a qualified attorney to represent you in a medical malpractice case? And that’s a good question because any lawyer can do any kind of law that he feels confident in doing. But like all subjects, the more training experience you have in any area, the more ability you have in understanding issues. I am a physician since 1968. I’ve been a lawyer since 1984. All of those years of training and experience help you understand the issues in the area of medicine. So then if you need an attorney to represent you, it behooves you, you’re wise if you get someone who has the most experience and most knowledge in the area of the law that you are in need of. Now many many lawyers without medical degrees are very confident. But conversely, the more training you have, the more experience you have, the more assets that attorney has to apply to the problems that his client has. So you have to evaluate that lawyer’s credentials, his training, his experience, and make your decision based on your needs and what will best serve you in the area of medical negligence. I’m biased of course, but I think that an attorney who has both a law degree and experience practicing law, as well as a medical degree and decades of experience practicing medicine, has more assets that he can apply to your case. So that’s how I would look for an attorney for a client who needs medical malpractice. I wouldn’t handle trust and estates. I would not handle real estate or complex contract case. I would limit myself to just areas of medical negligence. 2:20 What To Consider When Hiring An Attorney So, therefore, if a potential client is in need of an attorney to represent them in a medical malpractice case, those are the things that I think that client should look for. Training, experience, and having done this many many times. If you have any questions, feel free to contact us. We are always interested in providing whatever help we can.

Intro Learn More Video Transcript Timestamps 0:00 Intro 1:16 Damages – Lost Income 1:53 Damages – Additional Medical Expenses 2:18 Damages – Permanency 2:31 Damages – Expenses The question is, what are damages? Well, you basically, to have a successful action in negligence, and this is medical negligence, malpractices we commonly call them, you have to have a duty of the treater to the individual patient. That duty has to be breached. That is, that individual did not perform his or her responsibilities in dealing with that patient in the same way that a similarly trained individual would have under similar circumstances. Then you have to have causation. That is you have to have the fact that the breach in the duty caused, and this is the fourth factor, damages. So again, duty, breach, causation, and damages. 1:16 Damages – Lost Income What are the damages? Well again, lost income, whether it be through work. It might be just an hourly/salaried individual, or a person receiving an hourly wage. It may be someone receiving a salary. It may be someone working for themselves. In these cases, you look back and you determine what an individual’s income was prior to the alleged act of negligence, you look at it thereafter, and you determine the income that that individual lost through the action of negligence. In that particular case, you can put a number on that for calculating damages. 1:53 Damages – Additional Medical Expenses You then may have additional medical expenses. Again let’s say a failure to diagnose leads to a need for surgery that otherwise may not have been needed. Well, in that case, the medical expenses paid for that surgery becomes one of your damages. So again, that’s added into the pot for calculating up the total amount of damages you’re dealing with. 2:18 Damages – Permanency And then again, any element of permanency. Was the person partially disabled as a result of the negligence? Were they permanently disabled and did they die? All of these factor into the calculus. 2:31 Damages – Expenses Finally the expenses. Let’s say medical equipment is involved. It may be something as simple as a set of crutches. Or it may be purchasing a very expensive medical device for usage in the home. All of these factor into the calculus. As do things even like mileage. Getting back and forth from your home to the treating physician who you might not have ever needed to see had an illness been timely diagnosed. All of that factors into the calculus. You do the math, you add it up. You factor in the contingency value of the success with the case versus the possibility that bringing the case to trial might not be successful. And you have to factor all of that in to come up with a proper settlement value. So again, and I think I’ve emphasized and I don’t want to in any way underemphasize, the fact that experience and a knowledge base that is vast, particularly involving the area of medicine or healthcare that may be involved, can really help you in a good outcome versus a less optimal outcome in these cases.