Patient safety should come first. Hospitals, HMOs, doctors and nurses all have rules to follow to make sure patient safety comes first. There is never a reason to needlessly endanger a patient's safety. But many hospitals, HMOs and healthcare providers don't follow their own rules - they don't put the patient's safety first. The specialist chooses not to come see a patient in the ER, so he makes a diagnosis without all of the available information (his examination findings). A labor and delivery nurse decides to manage a pregnant patient herself rather than call the obstetrician. A radiologist chooses to have his staff fax a life threatening report instead of talking to the primary care physician directly. A primary care doctor doesn't look at an x-ray report that shows cancer. These errors occur because a safety rule was violated and a patient put in danger. And they can happen to any patient. The health care providers don't communicate, they are in a rush, they want to discharge patients from the hospital, so they don't review lab results or x-rays until the patient is gone. And if one patient is needlessly put in danger, all patients are. We look at every case from the perspective of patient safety - medical malpractice is simply actions or choices that needlessly put patients in danger. And if a hospital, HMO, doctor or nurse chooses to put one patient in needless danger, for convenience, cost control, lack of training - they put all patients in the community at risk of needless danger.

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Hospital data shows 969 incidents of preventable patient injuries
Posted on 6/28/2010

Medical Literature Ghostwriting
Posted on 6/28/2010

Radiology survey shows doctors reluctant to disclose medical errors
Posted on 11/11/2009

Malpractice Reform is Necessary for Patient's Rights
Posted on 10/28/2009

Many Not Receiving Compensation for Medical Malpractice
Posted on 10/28/2009

Texas Case Challenges Time Limits on Malpractice Lawsuits
Posted on 9/29/2009

The Politics of the Medical Malpractice Debate
Posted on 9/25/2009

Health Care Reform should not include arbitrary caps on damages for victims of medical malpractice
Posted on 6/17/2009

Hospital Death Rates Allow Patients to Compare Medical Treatment
Posted on 8/26/2008

Doctors without medical malpractice insurance deny justice for patient victims
Posted on 7/28/2008

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Medical Malpractice

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Medical Malpractice

Medical Malpractice – We Fight for Your Rights in Washington D.C., Maryland, or Virginia

When you or your loved one go to a doctor or a hospital, there is a lot on your mind, even for a routine test, procedure or surgery.  Will everything be ok?  Is anything wrong?  What treatment will the doctor prescribe?  Will the doctor follow up with you?  What about specialists, consultants, expensive tests?  It can be a very stressful time for you and your family.  You count on your hospital, your doctors, and your HMO, to make sure you get the medical care you need – referrals to specialists, follow up treatment and diagnostic tests .  And if your hospital, HMO or doctor chooses to needlessly endanger you or a loved one, you can face the horror of medical malpractice – and the catastrophic impact on the patient’s life and family.  Has a family lost a caregiver and wage earner?  Have young children lost a parent?  Has a patient lost his ability to care for himself or earn a living? Will the health care corporations, professionals and insurance companies take responsibility for their actions?

If you live in Washington D.C., Maryland, or Virginia and think that you have been the victim of malpractice, you should know that Donahoe Kearney, LLP specializes in medical malpractice cases.  Mr. Donahoe and Mr. Kearney have experience with a wide variety of cases, from birth injury causing cerebral palsy to cancer misdiagnosis causing the loss of a limb to the failure to prevent HIV transmission to improperly prescribed medication.  They know the law.  They know the medicine and they know what to expect from the doctors, hospitals, and HMOs you are fighting against.

Medical Malpractice – What You Need To Know in Washington D.C., Maryland, or Virginia

Medical malpractice occurs when a hospital, HMO, doctor or nurse chooses not to provide the standard level of medical care a patient's condition requires.  Every case involves the integration of law and medicine.  There are a select group of attorneys with the expertise, experience and resources to pursue these cases.  All cases start with an investigation and research so that non meritorious cases are weeded out.  A significant amount of time, money, and effort is needed to properly investigate a case and to ultimately prove malpractice.  In every case we accept, expert analysis and testimony is required to prove that you or your loved one received medical care that did not comply with the standard of care.  Expert analysis and testimony is also required to prove the substandard care caused the patient’s injuries or death.  And every step of the way,  the hospital, HMO, and physicians’ insurance companies will do everything they can to avoid responsibility for their actions , and in many cases, they will even blame their patient to avoid responsibility.

The Center for Disease Control (CDC) estimates that 100,000 people are killed or injured every year due to medical mistakes.  One study found medical errors as a leading cause of preventable death.  Even with overworked residents, HMOs cutting costs, and lax physician discipline, these cases are challenging.  Most people trust their own doctor and don’t want to believe malpractice occurred.  Or they don’t believe in lawsuits to hold the profession accountable.  That’s why all of our cases are investigated and screened for merit before they are filed.  Because of the difficulty in proving medical malpractice, it is important that you find a law firm with the experience, resources and track record to pursue these cases.  

Because of the time needed to effectively screen and investigate potential cases, it is critical that you contact an experienced attorney well before the statute of limitations.  The statute of limitations varies by jurisdiction, type of case and age of the victim.  Virginia, D.C. and Maryland all have specific laws and rules that govern certifying, filing, and serving medical malpractice cases.  If you believe you or your family has been the victim of medical malpractice, it is very important that you consult with a knowledgeable medical malpractice attorney to discuss the rights you and your family may have. 

Get What You Deserve – Hard Work and Skilled Representation

Don’t take a chance with an inexperienced law firm.  You need somebody on your side who understands the interplay of law and medicine.  You want a law firm that will thoroughly investigate your case, work with expert physicians and nurses in the specialties required for your case, and represent you with the greatest skill.  You and your family have 1 chance to prove your case -  to hold the healthcare provider responsible, to make up for some of the harm that was done, and to obtain justice.  

If you are from Washington D.C., Maryland, or Virginia and think that you have been the victim of medical malpractice, please contact Donahoe Kearney, LLP.  We can meet with you personally to discuss your case at absolutely no cost to you.    If you have already suffered because of a medical mistake, don’t suffer further with the wrong law firm,.  You can count on Donahoe Kearney’s experienced lawyers to fight for your rights, work hard for you and your family, and treat you fairly. 

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Blog for Medical Malpractice

Library for Medical Malpractice:

  • Medical Ghost Writing - Drug Companies and Medical Device Manufacturers hiring writers to submit articles to medical journals (articles singing the praises of whatever the companies are pushing) [PDF]   
    Description: Peer reviewed medical literature is routinely used as a basis for healthcare decisions, insurance company decisions to authorize diagnostic tests and treatment and in medical malpractice litigation. But many of the articles are ghost written - by writers hired by a drug company or medical device manufacturer that wants positive treatment for one of its products in the medical literature. Sen. Charles Grassley has issued a report "Ghostwriting in Medical Literature" that shows how widespread the practice is.
  • Deep vein thrombosis (DVT) is a blood clot forming in a large vein. It can lead to pulmonary embolism, a potentially fatal complication.   
    Description: According to the Centers for Disease Control, Deep Vein Thrombosis (DVT), the formation of a blood clot, is a treatable, preventable disease process that is underdiagnosed. DVT can lead to pulmonary embolism (PE), a blood clot that breaks off and travels to the lung. Pulmonary embolism can be a fatal complication of DVT.
  • Radiologist diagnoses life threatening blood clots and calls the referring physician to communicate his diagnosis but hangs up after being put on hold. The patient dies a few days later without ever being treated. [PDF]   
    Description: A local radiologist diagnosed life threatening blood clots (deep vein thrombosis) in a 50 year old Fairfax, Va single mother. He called her referring physician to communicate the diagnosis. After being put on hold, waiting for the doctor to come to the phone, he hung up.

    His patient died a few days later from a fatal pulmonary embolism, a blood clot that broke off and traveled to the lungs. She never knew she had been diagnosed with blood clots.

    The treatment for blood clots is anti-coagulation, usually heparin. It is 90% effective. A pulmonologist testified this treatment would have saved the patient's life.

    At trial, the radiologist blamed the referring physician, saying his office later faxed the radiology report to the referring doctor's office, where it was filed as routine correspondence.

    The referring physician's employer settled with the family shortly before trial.

    Following a verdict for the radiologist, the Supreme Court of Virginia reversed, holding the trial judge improperly instructed the jury on the issue of superseding, intervening cause.

    Frank R. Kearney and co-counsel Benjamin W. Glass, III represent the patient's estate. Her survivors include a 12 year old son.
  • Medical information, tests and screening for men   
    Description: Cancer screening and prevention. Early detection and diagnosis of potentially fatal cancers. Preventing colon cancer, heart attacks and heart disease. These are a few of the topics the AHRQ advises men about their health and health care.
  • Cancer Awareness Newsletter [PDF]   
    Description: Cancer Awareness and Prevention is critical to your health. The misdiagnosis or late diagnosis of cancer can be fatal. Early diagnosis and detection of even the most aggressive cancer can improve a patient's outcome.

    • View All

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