Medical Malpractice Claims
Have you been injured because of someone at a medical facility? Do you think you need a lawyer because you want to file a medical malpractice claim? You’re in the right place. Your team of experienced, dedicated medical malpractice lawyers serving Washington, DC, Maryland, and Virginia can help and we’re ready to review your claim.
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Who needs a Malpractice Lawyer in the DMV?
Several people need assistance with malpractice cases, and you may very well be one of them. There are hundreds of things that could go wrong when seeing a physician that could cause permanent damage. Chronic pain, permanent disability, and tissue scarring are just some examples of what could happen; the list goes on and on.
Here at the Lapidus Law Firm in Washington, DC, we’ve seen many examples of medical malpractice. As if the negligence isn’t bad enough, even more appalling is when the lawyers who are representing the doctors or other medical staff excuse their client’s negligence and/or blame the patient or act as if the injuries received were “not that bad.” All injuries that happen because of medical negligence should be taken very seriously, and doctors and medical personnel need to be held accountable for their actions.
How Do I Prove Medical Malpractice?
Each case is unique and has specific circumstances. Therefore, no two cases can be treated the same. The Lapidus Law Firm will go over the specifics of your case with you at your own pace, as we want to ensure you fully understand the legalities surrounding your claim.
Our firm has been hard at work for over four decades and has helped people all across Maryland, DC, and Virginia, so there’s no doubt that we will be able to help you too. Physician Malpractice can be complicated and sometimes hard to prove. When you work with Lapidus Law Firm, you will feel more confident knowing that our reputable, experienced, and highly knowledgeable team of lawyers will aim to help you settle your claim fairly and reasonably.
Anytime a doctor is negligent in his or her duties, resulting in physical pain, mental anguish, further medical expenses, and lost income, you may be able to file a claim for medical malpractice.
However, laws differ from state to state, and there are quite a few gray areas when it comes to proving medical malpractice. That’s why you need an experienced malpractice lawyer to handle your case. The attorneys at the Lapidus Law Firm will:
- Investigate everything that occurred medically before and after the malpractice event.
- Obtain your medical records.
- Assemble a legal/medical team to investigate your case.
- Pursue a fair, reasonable settlement for your injuries; we’ll also handle all of the litigation should your case get to that point.
- Keep you updated and informed throughout the entire process.
- … and much more.
What Types of Malpractice Are There?
Most malpractice claims fall into a few different categories, some of which include:
- Improper treatment: If your physician treats an illness or injury as no competent doctor would, that can be considered malpractice. Or, if a chooses the right treatment but errs in administering it properly, that may also be considered medical malpractice.
- Failure to diagnose: Again, filing a malpractice claim will likely come down to competence. If your doctor misses a diagnosis (or makes an incorrect diagnosis) that any other reasonably competent physician would identify, you may be able to file a medical malpractice claim.
- Failure to alert a patient of known risks: Duty of informed consent is a doctor’s duty to warn a patient of all known risks before a procedure or treatment. This is another complicated area, so having the best malpractice lawyers in DC by your side is a smart decision.
- Surgical Malpractice: amputating the wrong body part; committing an avoidable surgical error, operating outside the area designated for the operation.
- Failure to Refer to a Medical Specialist: Complex medical problems require the attention of doctors who sub-specialize. Orthopedic and pediatric physicians often will specialize in a body part or type of uncommon disease process. In complex and uncommon medical cases, the law will require a generalist to consult with or refer out to a specialist physician. Some physicians are trained to read diagnostic test which non-specialists are not qualified to do. Only a neurologist, for example, can read an EEG, which measures brain waves.
More Details on Medical Malpractice
Put simply, anytime a doctor is negligent in his or her duties and the result is physical pain, mental anguish, further medical expenses, and lost income, you may be able to file a claim for medical malpractice. Top medical malpractice attorneys, such as those with The Lapidus Law Firm, have decades of experience with malpractice suits and can help you or a loved one if you believe you are the victim of medical malpractice.
How to Handle Medical Malpractice as a Victim
Before you proceed with the possibility of a lawsuit, first consider the circumstances of your situation. Here are a few red flags that will help determine if you have a strong case for medical malpractice.
- Lack of informed consent: If your physician performed a procedure you did not agree to, did not sufficiently explain the risks and benefits of treatment, and/or did adequately explain the risks and benefits but you would have either declined the procedure/treatment or chosen an alternative–and–suffered actual harm.
- Admission of mistake by physician: This doesn’t happen frequently, but health providers are encouraged to be honest and up-front with patients and families when a medical error has occurred.
- Extraordinary consequences: This covers highly unusual scenarios, which are, well, highly unusual. For example, according to the American Society of Anesthesiologists, “Each year, between 4,500 and 6,000 patients leave the nation’s operating rooms with unintentionally retained surgical foreign objects (RSFO) in their bodies; with surgical sponges and needles accounting for more than two-thirds of all such incidents.” That would most likely qualify as an extraordinary consequence, as would a scenario in which a doctor fails to consider a patient’s allergy history and prescribes a medication that causes a serious reaction.
If you experience any of these situations, or any listed earlier in this article, the best course of action is to contact an experienced medical malpractice lawyer. Given the challenging nature of these claims, it’s best to have a seasoned attorney review your situation and determine whether you have a viable claim.
To prepare for an attorney consultation, be sure to keep medical records from appointments, hospital charts, and notes, doctor recommendations, medications prescribed, treatments, and discharge instructions–anything and everything leading up to, including, and after any procedure or treatment you underwent. Detailed medical records can go a long way in helping an attorney with your claim.
The Next Steps For Filing a Medical Malpractice Claim
No matter how confident you are that you have a viable claim, call the experts at The Lapidus Law Firm. Call us at (202) 785-5111 or (301) 852-7500 today to set up your free, no-obligation consultation. We will review the details of your case, decide whether you have a legitimate medical malpractice claim, and work diligently to get you a fair, reasonable settlement to compensate for your pain and suffering, and expenses. We are committed to making justice work for you.