These medical malpractice FAQs, brought to you by the medical malpractice lawyers of LawMD, may help you as you consider your legal options. If you have questions related to a medical malpractice claim, contact LawMD online or by phone at (888) 695-2963. Your initial consultation is entirely free and there are never any up-front fees for those who choose LawMD.
You should hire a medical malpractice attorney who is also an experienced medical professional (like most of the attorneys at LawMD) for a number of reasons.
Firstly, an attorney-doctor will have a better understanding of human anatomy and how injuries affect various aspect of a person’s functioning and overall life. This includes likely future effects of an injury/condition.
Secondly, an attorney with a medical background will have firsthand knowledge of the medical field, including how medical insurance providers operate and the lengths they will often go to in order to devalue or deny claims. A skilled attorney-doctor will be able to fight back against these tactics.
Thirdly, by working with a legal team that also comprises medical professionals, you can save yourself a considerable amount of time and money, as your legal team will not need to consult with outside medical experts or seek out expert medical witnesses for testimony.
An attorney who is also a medical professional is uniquely equipped to handle all of the legal and medical aspects of your claim. This can prove invaluable to the overall success of your case. Learn more about the advantages of hiring an attorney who is also a doctor by visiting our Why Hire page.
Generally speaking, medical malpractice occurs when a doctor, hospital, or another health care professional or facility injures a patient by failing to treat the patient within the appropriate standard of care. Doctors are not the only health care professionals that make mistakes. You can have a medical malpractice claim if you were harmed by a nurse, physical therapist, or another health care worker. You may even have a claim if you suffered an injury due to a mistake on the part of a pharmacist or pharmacy technician.
Medical mistakes can also happen in a variety of settings. Although most people associate medical malpractice with hospitals, these injuries occur in doctors’ offices, emergency rooms, urgent care centers, nursing homes, and retail stores that have in-store pharmacies. If a health care professional failed to provide you or a loved one with reasonable care, you may be entitled to compensation for your injuries.
It’s not enough to claim you were injured by a doctor. To bring a medical malpractice claim, you must prove several things, known as the “elements” of a medical malpractice claim.
These elements include:
Without all four elements, you don’t have the fundamental pieces required to bring a medical malpractice case.
At LawMD, many of our lawyers are doctors themselves. We use our clinical training to quickly analyze cases to determine if a client’s claim meets all the elements required for a medical malpractice case. If you believe you have been the victim of medical negligence, we can help.
If you have been injured by a doctor’s negligence, we want to hear from you. Our lawyers come from a variety of medical and legal backgrounds. We are confident we can assist you. Call (888) 695-2963 to receive your free consultation.
Many medical mistakes can result in medical malpractice. Many people associate medical errors with serious surgical mistakes, such as amputating the wrong limb or leaving an instrument inside a patient. These stories make the news because they are shocking and devastating.
However, medical mistakes aren’t always immediately apparent, nor do they always occur in an operating room. Patients may not realize they have been injured until months or even years down the road. If you believe you have been the victim of medical malpractice, don’t wait to speak to an experienced attorney. Your medical malpractice lawyer can evaluate your case to determine if you have a claim.
Some common examples of mistakes that may constitute medical malpractice include:
To discuss your case with an experienced medical malpractice lawyer in Washington, D.C. or the nearby areas, contact LawMD right away. Our lawyers offer free case evaluations, and an attorney-physician is available to review your case today.
The court considers what reasonable, prudent medical practitioners would have done in the same situation. If the medical practitioners did not meet that standard, they are judged as negligent.
You should file a medical malpractice claim as soon as possible after realizing you have been injured or suffered complications due to medical negligence. Delays can cause you to lose your right to sue.
A time limit, called the statute of limitations, is imposed on every type of claim, including personal injury, birth injury, and medical malpractice cases. You should consult an experienced medical malpractice attorney the moment you suspect negligence or malpractice on the part of a healthcare professional.
In Washington, D.C., you must file your medical malpractice claim within three years of the date of the injury. If the injury is inflicted on a minor, as is the case with a birth injury, the three-year period begins on the minor’s 18th birthday.
Maryland allows injury victims five years from the date of the injury or three years from the date the injury was discovered, whichever is earlier. If a minor suffers the injury, the same time limit begins once the child turns 18.
This time runs out quickly and evidence can dry up and disappear even faster. Contact a malpractice lawyer today to get started on your case.
The jury considers testimony by experts—usually other doctors—who testify whether they believe your physician’s actions followed standard medical practice or fell below the accepted standard of care.
By hiring an attorney-doctor at our firm, you save time and money in your case, as we do not have to seek outside experts to provide this testimony. Instead, our team is uniquely qualified to give expert testimony in your case.
In some cases, yes, you may still have a case.
Hospitals often have patients sign approval for their doctor to perform surgery. In the form, the patient usually consents to the specific surgery and to any other procedures that might become necessary.
Before you sign this consent form, your doctor should give you a full description of the surgery, the risks, and the ramifications of not getting the treatment. The court deems your signed consent invalid if we prove that your physician misrepresented or failed to adequately inform you of the risks and benefits before surgery.
The most frequent results of substandard care in childbirth include:
Visit our Birth Injury page to learn about the most common types of medical malpractice during pregnancy, labor, and delivery.
Contact an experienced Washington, D.C. medical malpractice lawyer at LawMD. Tell the attorney exactly what happened to you, from the first time you visited your doctor through your last contact.
To determine if your doctor may have committed malpractice, we ask questions such as:
Not necessarily, but it is possible you have a case. You should speak to an attorney as soon as possible.
Our experienced Washington, D.C. medical malpractice attorneys can help you to determine if your case has merit. Not all mistakes are malpractice, but if it was the result of negligence or failure to meet the expected standard of care, then damages may be recoverable for you under medical malpractice laws.
If a health care provider refuses to accept responsibility for your child's cerebral palsy, this does not mean your case is lost. It may still be possible to hold a negligent medical provider accountable and recover compensation.
Even though, most of the time, cerebral palsy is the result of human error and medical malpractice, it is complicated to prove it. Additionally, hospitals tend to hire lawyers who specialize in these cases to avoid having to pay a settlement for the victim’s family.
In order to determine if you have a valid case, you should contact a cerebral palsy lawyer that provides competent legal representation regarding cerebral palsy cases.