Answers to Your Questions on Injury and Disability Cases in DC, MD and VA

We make it easy. Send us a confidential, secure, no obligation message right now.

At Donahoe Kearney, we know you're in an unfamiliar and unfair system after a serious injury or illness. We've seen too many people get taken advantage of byt the insurance company after a serious injury or illness. So we've published books, guides and reports and answered hundreds of questions that have helped thousands of people just like you.

Here are some of the questions people have when they first contact us about D.C., Maryland and Virginia medical malpractice, serious car accidents, long term disability insurance claims, or workers compensation. We try to provide as much information as we can based on our experience helping people stand up to insurance companies after a serious accident or injury in D.C., Maryland and Virginia.

Since every person is unique, you probably have questions or need specific information about the legal process when there is an injury or death in your family. We make it easy for you, so contact us to talk it through. We'll schedule a free no obligation, secure and confidential zoom call (or regular phone call) and give you all the information we can.

Call us today at 202-393-3320.

  • Page 1
  • What will I have to do to investigate my child's medical malpractice case and how much time will be required?

    What will I have to do to investigate my child's medical malpractice case and how much time will be required?

    Caring for a special needs child is a 24/7 job - we've said that over and over.  If you come to us and ask us to investigate whether your child's cerebral palsy was caused by medical malpractice, we will take care of you and your child.

    We understand the demands on your time and the time, energy and money you devote to your child.  So we don't ask you to take away from time with your child by getting medical records, doing our legwork or paying for evaluations.

    We make it as easy as we can for mothers, fathers and caregivers.  But we will take the time to explain the process of investigating the cause of your child's cerebral palsy and give you our straight up opinion of how long a case will take and what you'll need to do.

    We will need to meet with you and your child.  And there will be appointments and meetings to take your child to, but we do everything we can to let you focus on caring for your disabled child. 

    Watch this story of LaTonya and Jeremiah to learn about how Donahoe Kearney does cases for children and families. 

    Need Help Now? Call us at 202-393-3320.

  • How do you know if your child was a victim of medical malpractice?

    A Few Signs to Help Find Out if Malpractice Occurred in DC, Maryland, and Virginia 

    The truth is you probably won’t know right away. It’s not like an injury at work or a car accident when you know exactly when the injury happened. With medical mistakes, it’s sometimes hard to pinpoint the exact moment the mistake was made, making it critical to obtain a thorough review and investigation to identify the cause of the harm. For a baby or child this could mean investigating whether something could have happened during your pregnancy, at the Could Your Child's Birth Injury Have Been Prevented?time of birth or after.   If a serious and permanent condition was caused because the hospital, doctors, nurses or other healthcare providers made bad choices that didn’t keep you or your child safe, that’s the definition of medical malpractice.

    Here are some signs that can help you determine if your child’s condition or injury could have been prevented.  Here are three events that should trigger alarm:

    • Your pregnancy was high risk but the doctor didn’t do anything different or refer you to a specialist.  If your doctor should have made this determination or should have referred you to a maternal fetal medicine specialist, it may have affected the treatment and management of the pregnancy.
    • You were in labor and your OB didn’t come to the hospital, leaving you in the care of residents or interns. Complications with the delivery came up, requiring an emergency c-section to save your baby’s life and you were evaluated by the nurses or interns, not your doctor.  Should the complications been detected earlier, before there was an emergency?
    • The doctor didn’t follow up on a test or prescribe the right medication that may have extended your pregnancy. Sometimes an infection that should have been diagnosed and treated, leads to premature delivery with the baby having complications of prematurity that could have been avoided with proper care and follow up.

    If You Have Experienced Any of These Signs, Contact Our Experienced Medical Malpractice Lawyers Today

    If any of these events happened to you, and caused harm to you or your child, you owe it to your family to get a thorough investigation of why this happened to you and to see if it could have been prevented. It may be that there is an explanation for your child’s injury and that it could not have been prevented, but why wonder about it, think about it or worry about it for years when you can take action to get answers.

    The only way to get answers is by investigating your specific situation. Call us today at (202) 393-3320. We can help you get those answers.

  • As medical malpractice attorneys, how do you help children with disabilities and special needs?

    Resources For Families of Children With Special Needs in DC, Maryland, and VirginiaAttorneys For Children With Special Needs in Washington DC

    We give every family we work with a copy of Getting Everything Your Special Needs Child Deserves:  A Parent's Guide to Resources, a resource guide we published so parents can find out what resources are available for their child.  We developed this because we found many parents didn't have the time to investigate all of the resources that could help - special camps, respite care, therapies, etc.

    As part of our investigation of every case we accept for a disabled child, we have a physician or qualified rehabilitation nurse prepare a comprehensive report outlining the services the child will need to maximize his abilities.  Many times, we will have the child and family evaluated by specialists to help determine the child's specific physical, emotional, and educational needs as well.

    We've also published Picking Up the Pieces After Medical Malpractice: A Parent's Guide to help families struggling with medical malpractice in D.C., Maryland and Virginia make the best decisions for their family.

    So it's a lot more than most people realize - but that's how we work.  So you can focus on what's best for your child.

    Call us today at 202-393-3320 to see if we can help your family.

  • My Daughter Has Brachial Plexus Injury (Erb's Palsy)

    Brachial Plexus Injuries Are Sometimes A Result of Medical Malpractice

    Brachial Plexus is an Injury That Happens At Birth

    What is a brachial plexus injury and how can a D.C., Virginia or Maryland medical malpractice attorney tell if a child with a brachial plexus injury has a D.C. or Maryland medical malpractice case for damages because of the brachial plexus injury?

    A brachial plexus injury, sometimes also called Erb's palsy, is an injury to a collection of nerves that run from the spine, through the arm down to the hand.  Some of the symptoms of a brachial plexus injury can be paralysis of the arm, numbness in the arm or hand, loss of muscle functioning or control of the arm or hand (like not being able to grasp or pick things up), pain, and other problems with the shoulder arm and hand, like not being able to move it over a certain heigh

    In Some Cases, Brachial Plexus Starts In The Hospital

    Sometimes brachial plexus injury happens at birth and is caused by the delivering doctor putting too much pressure on the baby's neck during delivery causing the shoulder to be stretched.

    And there are different classifications of brachial plexus injuries, from avulsion (the most serious), caused when the nerve root is severed from the spinal cord, to neuropraxia, when the protective covering of the nerve is stretched (this is usually the least serious form of injury).

    How can we, as D.C. ,Virginia and Maryland medical malpractice attorneys, determine whether a child's brachial plexus injury was the result of medical malpractice?  We'd review the labor and delivery, NICU, and pediatric records of the child and have the records reviewed by medical experts practicing in these specialties to determine whether the child's brachial plexus injury could have been avoided.

    Are you wondering if your child's brachial plexus (Erb's Palsy) could have been prevented? Give us a call today and you'll speak with a real person who wants to hear your story today. All consultations are free, no obligation and completely confidential. 

    Contact Our Experienced Medical Malpractice Lawyers Today.

    If your child had a brachial plexus injury, he may need medical treatment, rehab and therapies well into the future to make sure he can physically function at the highest level possible - make sure he has the money to provide everything he needs to deal with an injury like this. Give us a call today at 202-393-3320 - we make it easy to get started.

  • How Hard Is It To Have My Child's Medical Malpractice Case Evaluated In DC, Maryland, And Virginia?

    We Make It Easy To Get Your Case Evaluated If Your Child Was Affected By Medical Malpractice Evaluating Your Child's Medical Malpractice Case In DC

    First, we make it easy for you.  We review all of the medical information, meet you and your child, and sit down with you to talk it all over.  We've developed a process for helping families with kids hurt by malpractice that doesn't take up a lot of your time and injury - so you can focus on your family and your child (but we keep you up to date on everything).

    So from a parent's view, we handle it all.  But we've helped a lot of families just like yours over the last 25 years, and there are some things you may be feeling that are pretty common when you're dealing with malpractice and the effects it has on your child and your family.

    We Understand There Are Significant Emotions Involved In Having Your Child's Case Evaluated

    I've heard parents say about their injured children "I just want my child to be okay. It's not about money or time or any of those things. I just want to make sure my baby is okay."

    There is sometimes an emotional barrier to investigating whether malpractice was the cause of your child's devastating injuries, or thinking about starting a lawsuit, mostly because you are so overwhelmed by your child's injuries that you are unable to focus on what might happen down the road. There is also a fear of the unknown, which creates an emotional barrier. 

    Sometimes it's a friend or family member that is instrumental in bringing a mother or father around to the idea of investigating whether you should pursue a malpractice case to benefit your child and your family - taking some of the financial burdens away, getting him or her resources for special needs, making sure there is money available for his or her future. Sometimes it's hard to get past the immediate crisis and look to the future and what the child might need as he or she grows to be an adult, or when you can no longer take care of him or her.

    Many People Don't Have Their Case Investigated Because They Are Afraid They Can't Afford It

    Malpractice lawsuits are actually handled on a contingency basis, and it's true that lawsuits can be expensive, especially with multiple expert witnesses and consultants in most cases. We don't put that risk on you - if Donahoe Kearney doesn't win or settle the case, you don't have to pay. Plus we don't want you worrying about the case - we want you focused on your child and your family, as only a parent can.

    We don't normally charge an hourly rate for medical malpractice cases. In fact, we don't charge a fee in any serious injury case unless we win or settle your case. Which means that we don't get paid unless you get paid. There is no risk to you, no upfront payment, no retainer. That's simply how it works. It's called a contingency fee.

    How are we able to do this? Not to be paid until the end of your case, and only if we win? Read more here.

    Our Experienced Medical Malpractice Attorneys Do Things Differently. We Investigate The Case First

    We have a very focused, personalized system we've developed over 25 years of holding hospitals and doctors accountable for injuring patients - especially children - so we will tell you upfront if we don't think you have a case that should be filed in the courts.  And we only work with people and families we can really help - when the injuries are so severe that the child will need lifetime care and treatment, modifications to your home (or a new house), nurses and healthcare workers to come in and help at night or when you are gone.  So we naturally limit the number of people we work with.

    Call Our Experienced Medical Malpractice Lawyers Today

    If this sounds like your situation, please reach out to us.  It's easy to get started.  You can call (202) 393 - 3320 to talk to a real person who will listen, or fill out the form to the left and we can call you.  There's no obligation or cost and it's completely confidential.

    But don't wait - we want to get started helping you and your child!

     

  • How Often Is Cerebral Palsy Preventable?

    Could My Child's Cerebral Palsy Have Been Prevented In DC, Maryland Or Virginia? Person Affected by Disability sitting in wheelchair

    This is an excellent question considering how devastating cerebral palsy is to a child, and sometimes it is due to complications during labor and delivery, or as a complication of premature birth. Usually, cerebral palsy occurs around the time of birth. Sometimes cerebral palsy can be caused by complications from jaundice, infection and other medical issues the newborn baby has.

    According to the Cerebral Palsy Group, Cerebral Palsy affects approximately 500,000 children and adults, with around 8,000 babies and between 1,200 and 1,500 preschool-age children diagnosed each year.

    Those Diagnosed With Cerebral Palsy Are Affected Differently

    Cerebral Palsy is essentially brain damage to a certain part of the brain that can occur as the child develops in the womb, during childbirth due to asphyxia, and in a few other ways. The damage is to the motor cortex of the brain and results in difficulty with gross and fine motor skills development, balance, speech, muscle tone, and other types of development. Cases of Cerebral Palsy range from mild to severe; some children with Cerebral Palsy grow up to be completely self-sufficient while some need 24/7 care now, and will need it for their whole lives - long after their parents are gone.

    In our experience, Cerebral Palsy can be preventable, and because of that, can lead to a medical malpractice lawsuit against the hospital that caused the injuries, to make up for some of the financial harms and losses the baby will suffer.  Medical malpractice in D.C. happens because the hospital or doctors did not comply with the standard medical care the mom or baby needed, and failed to follow established Patient Safety Rules.

    We Have Significant Experience And Expertise That Will Help You And Have Helped Past Clients

    In this case that we won, we sued a doctor for failing to follow up on a routine test, which resulted in prematurity and Cerebral Palsy with mental retardation that could have been prevented if he had simply gotten the test results and treated the infection with antibiotics - without the test result, they never ordered antibiotics, and the infection spread, causing the mom to deliver prematurely.

    There was no system for making sure important medical test results were followed up on.

    We won a significant award for a family who would likely spend millions on their son's lifetime costs of round-the-clock care because of his cerebral palsy. That case made a significant impact on the family - the right house that was accessible for their son and comfortable for their family, the best care for their son, extra nursing care when he needs it, easy transportation, and a lot more.

    Contact Our Experienced Cerebral Palsy Lawyers Today!

    For more information about Cerebral Palsy visit our Cerebral Palsy library   and if you're ready to talk about how to start the process of investigating a medical malpractice case for your child, Give us a call at 202-393-3320. You'll speak with a real person who wants to hear your story today.

     

  • How Can I Help My Child In A Medical Malpractice Case In DC?

    What Is Available To A Child Hurt By Medical Malpractice?DC Medical Malpractice Case For A Child

    When a child is hurt by medical malpractice in a hospital, or by a doctor, the effects can be devastating

    When a child is the patient harmed by medical malpractice, there are a number of factors to consider to make sure the child gets a full recovery. And remember, a child can be injured in utero, before they are born or due to medical malpractice in treating the mom when she was pregnant - like not screening for or treating an infection that leads to premature delivery and a severely premature baby.  That child can suffer from the effects of prematurity and have a medical malpractice case.

    Legally, we call the compensation for someone harmed "damages" -  really the harms and losses someone now has because of negligence or malpractice, and these can vary depending on: how badly the person is injured, whether they can work, whether they need future medical and nursing care at home, and a number of other factors.

    We Look Into Intervention And Therapeutic Options For Your Child

    One of the factors we always look to is what types of services, therapies and resources can help the child now, and in the future.  For example, a child who is developmentally delayed may benefit from early intervention, occupational therapy and neuropsychological testing and evaluation to determine the best way to maximize his or her potential.  That will depend on the child's needs, of course, but we look for everything we can to get the money and resources that child needs.

    So, we look at all of the future care and treatment available that will make the child's life better - additional nursing care if the child or young person can't care for themselves (and respite care for the family who often provide the majority of the nursing care), tutors, counseling, physical therapies. We work with experts to evaluate the child's needs and the cost to get the child everything he or she needs and work to prove it as an important part of the medical malpractice case against the doctor or hospital.

    We've published resources on medical malpractice in DC, Maryland and Virginia for parents who are facing this issue.  Please order a book, guide or report - they are free, helpful and written for you.

    Call Our Experienced Medical Malpractice Lawyers Today

    Like all parents, the people we work with just want the best for their child and family.  So if you're strugling with whether or why your child was hurt by medical malpractice and want to learn more about what you can do about it to help your child's future, call us at (202) 393 - 3320.

  • My Child is Profoundly Disabled Due to Medical Malpractice. How Do I Find A Good Home Health Aide for Him?

    The Right Home Health Aid Can Make A Big Difference For a Profoundly Disabled Child & Their Family In DC,Finding The Right Home Health Aide For A Disabled Child Maryland, and Virginia.

    Choosing a home health aide is an extremely important decision.  You and your disabled child rely on the aide for feeding, bathing, and turning her; all of the things he needs when you can't do them.  Or when you just need a day or a night off.

    First, do the legwork and the research; find a reputable company who employs the home health aides. Most public companies will have "review" applications on their website. If they don't, ask for a reference. Also, make sure that the agency in question does not have an adverse history when it comes to litigation. While settlements are often confidential, lawsuits are not.  A simple google search comprised of "your agency + "lawsuits" should help you to confirm the reputation of the agency.

    Next, meet with the potential aide. Take the time to write down the questions that you want to ask. Don't be afraid to ask about the aides' experience or qualifications and the specific care needs or care plan for your child. Find out why he or she does what they do. Take measures to determine their commitment to the job. Most of the time you can tell the difference between somebody who likes their job, and somebody who does not. 

    Finally, set forth your expectations for communication. Get into the habit early on of asking for a digest of the day. If your home health aide knows you will be wanting information, he or she might be more likely to take note and remember what goes on during the day. It's better to establish communication early on rather than try to enforce it later.

    If Your Child's Disability Was Caused By Medical Malpractice, You May Be Able to Get A Settlement To Cover The Cost of Care 

    At Donahoe Kearney we strive to get the best possible settlement for your loved one who may have been hurt as a result of malpractice. We know that parents of disabled children have an overwhelming responsibility. That's why we wrote Picking Up the Pieces After Medical Malpractice: A Parents Guide; an informational book to help parents dealing with medical malpractice. To order your copy today click here or call us at 202-393-3320. No obligation, no cost.

    Ready To Speak To An Experiencede Birth Injury Lawyer Today?

    We have a real person standing by who wants to speak to you and hear your story. Don't wait to get the help you need from an experienced birth injury lawyer in DC. We specialize in making things right for the family of a catastrophically injured child. Just ask Latonya and Jeremiah.

    Contact our birth injury lawyers today at 202-393-3320.