D.C. Maryland and Virginia medical malpractice, accidents and work injuries questions answered by D.C. injury attorneys.
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Here are some of the questions people have when they first contact us about D.C., Maryland and Virginia medical malpractice, serious car accidents or workers compensation.
We try to provide as much information as we can based on our experience as medical malpractice lawyers in D.C., Maryland and Virginia and based on representing many hundreds of people who have been injured in accidents or at work in D.C., Maryland and Virginia.
Here are the basics:
Patients permanently injured by medical malpractice, or the families of patients killed because of medical negligence, when a hospital, HMO or healthcare corporation doesn't follow basic patient safety rules deserve justice - resources to help with the harms and losses due to the injuries or death of their loved one.
Drivers who don't follow the rules of the road, driving recklessly, driving drunk, speeding, and texting should be accountable for the harm they cause when their actions cause a car accident or wreck.
Workers hurt on the job deserve workers compensation benefits for lost wages, medical treatment and permanent injuries. If a worker is killed on the job, his family deserves workers compensation death benefits - to at least help with the financial loss of a loved one.
But since every person is unique, if you have questions or need information about an injury or death in your family, please contact us to talk it through. We'll talk to you, schedule a free initial meeting and give you all the information we can.
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How can you tell if you have a legitimate medical malpractice case?
With a serious injury or death after surgery, anesthesia, delivering a baby or some other routine health care procedure, you should investigate whether the injury or death was due to medical mistakes, like the hospital's directions to nurses of how often to check on a patient, or a doctor's office system for telling patients about test results.
If you're left to care for a family member who had a life changing condition, like paralysis, brain damage, cerebral palsy, etc or if a family member died after medical treatment and now you have to provide for children, struggle with grief and worry about the future, it probably makes sense for you to investigate whether the injury or death could have been prevented and learn about resources and compensation that can help.
We try to get people answers. So they know. So they don't have to worry about whether they should have done something years from now, when its usually too late.
We try to take care of those worries for you.
If this is you, call us for more information at (202) 393 - 3320. Even if we can't help you, the talk will be confidential, helpful and free.
When someone dies and has a D.C. medical malpractice case, who does the money go to when the malpractice case settles?
Wrongful Death and Survival Action Claims
When a patient dies because of medical malpractice in the District of Columbia, the relatives and estate have both a wrongful death case and a survival action. In D.C., both are different in terms of who is involved and the damages to make up for the harms and losses caused by the malpractice.
Here's how it works. Say a wife and working mother of two young children dies because of an undiagnosed pulmonary embolism in the hospital or after leaving the E.R. and we can prove her death was caused by the hospital's malpractice, there are two components to the family's case. First, the children can recover for the harms and losses for losing their mother due to medical malpractice. The D.C. Wrongful Death Act allows the children to recover for the loss of care, guidance, attention, services, etc. the mom would have given them if she had been alive.
The mom's estate can also recover for her lost future income and her pain and suffering. The husband and possibly the children could also recover damages under her estate - that depends on a number of factors. These are just the basics - there are other elements of legal damages available. And there are different time limits for filing a wrongful death case (1 year after death) and a survival action (3 years).
To Learn More Contact our Experienced Medical Malpractice Lawyers Today
If you are facing this situation having lost a loved one, or if you know someone trying to get answers in the face of such a tragedy, don't delay. The sooner you call us to investigate a potential medical malpractice case, the sooner you will have answers, and we hope, peace of mind. Want more information? Give us a call today at 202-393-3320. We can't wait to hear your story.
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 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.
What should I bring to the first meeting with a medical malpractice lawyer in DC?
How Can I Prepare for a Meeting with a Medical Malpractice Lawyer
And you can tell a lot from the first meeting - or even a telephone call with an experienced medical malpractice attorney, especially us. We will be up front with you from the first phone call and interested in what you and your child have been through, always looking to help.
Because you have a lot of questions and worries, but not much time, we've developed a whole series of resources we publish for victims of medical malpractice in DC, Maryland and Virginia - information you can read in the privacy of your own home, and information that will help you make the best decisions about a malpractice case for your child and your family.
One of the critical things we will give you in the beginning is a Medical Malpractice Lawyer Evaluation Form. We know it's impossible to tell who the best lawyer for your family is from all those TV commercials (ask yourself - if they were that good, would they have to advertise on TV?). And that you want more - you want trust, and service and experience that will help your family and your child well into the future. At least that's what our clients are looking for in a malpractice lawyer.
When developed a specific system that we customize for you and your family, that we put into place when we investigate a medical malpractice case for a child, whether the child had a birth injury or birth trauma, has cerebral palsy, shoulder dystocia, complications from septic shock, etc. We only accept cases with life changing, serious injuries where we can help make the child's life and the family's life better - this let's us focus on only a few cases at a time.
Usually, the first thing we request is all of the medical information.
But we don't make you go to Children's Hospital and the pediatrician and all the specialists your child has seen since birth. We can review or obtain the medical records once you authorize us to do so. So when we first meet, certainly bring any records you have to the first meeting, like Discharge Summaries from the hospital, instructions, doctor's notes, MRIs or CT scans, etc. Depending on the child's age, if you have school records, we'll need those too. And bring pictures of your child - we always want to see those. We'll make copies of everything and explain the process of a medical malpractice case.
But mostly we'll want to get to know you and learn about you and your child at the first meeting - so anything you have is helpful but not required.
If You're Looking for This Type of Service, Contact Our Experienced Medical Malpractice Lawyers
If you want this type of service, trust and experience for a medical malpractice case, just call us at (202) 393 - 3320 or fill out the form on the left. It's all confidential, and the books, guides and other resources are yours free, absolutely no cost or other obligation. Don't wait - take a positive step for your child and your family today!
I think I was a victim of medical malpractice. What do I do now?
How Do I Know If I Have a Medical Malpractice Case?
There are many different types of signs that patients can use to identify a potential medical malpractice case. If you recognize one of those signs and suspect that your doctors or the hospital you were in committed medical malpractice and caused serious injuries, you should get all of the information you can. For example, there are different statutes of limitations for medical malpractice cases depending on where the incident took place. In other words, you only have a certain amount of time after the medical malpractice incident to file a medical malpractice lawsuit depending on where it happened. And the time limits are extended for children - this can include negligent prenatal care to a mom that harmed her child.
Another thing you should do is start looking for a medical malpractice lawyer that can best represent you. In most cases, this will be the first time a person is looking for an attorney to represent them, let alone a medical malpractice attorney. Where do you start? Should you choose one of the lawyers you see on TV commercials or who advertises on the side of a bus?
What kind of credentials do they have?
Will that lawyer have the experience and resources to properly investigate your case?
What will the jury think if you go to court with a TV lawyer? Will they be skeptical of you and your case? You may not know this, but the judges know who the big TV lawyers are, and their reputation is generally less serious than specialists.
Being exposed to medical malpractice is stressful. You are worried about your health, paying for future medical care you need, and not being able to earn a living. We know that. That’s why we provide a number of different resources for patients who were victims of medical malpractice – so you can take the time get the best information and make the best decisions. And when it’s time for you to choose a lawyer, we compiled a list of questions you should ask any attorney you want to represent you in your case: Click Here.
We also provide reports to help patients identify and hopefully prevent medical malpractice: Click Here.
Call us today at (202)393-3320 so we can get you started on getting the right information for you and your family.
Could My Child's Developmental Delays Have been Caused by Medical Malpractice?
Developmental Delays and Missed Milestones May Be a Sign of Malpractice
Developmental milestones are times when a newborn or child should do certain things - roll over, sit up, walk, form sentences of 2-3 words, etc. Its not just pediatricians, child neurologists, neuro-psychologists and other experts who use developmental milestones as a tool to help diagnose cerebral palsy and other conditions - most of the time its parents and grandparents who sense something is wrong or that a child has some disability because he is not meeting these milestones on time.
Medical malpractice, usually some form of injury to a child's brain around the time of birth, sometimes from lack of oxygen, or infection or extreme prematurity, can certainly cause a child to be developmentally delayed. Sometimes this can be diagnosed shortly after birth, other times, parents may not know the true cause of their child's injury.
Many times, an injury to the brain means a person cannot control certain muscles, so its important to look at your child's gross motor skills - sitting up, holding her head up, crawling and walking are examples. If your child has trouble with these or can't do them at the time she should be able to, talk to her doctor about it. And keep a journal of what your child can do and what she struggles with, plus take pictures or video. It will help you remember everything and give the best information to your doctor.
Contact Our Experienced Medical Malpractice Lawyers Today If You Think There May Be Malpractice
If you think your child is not meeting developmental milestones, it may just be that she is developing at her own pace. But if you suspect a birth injury or trauma or difficult labor played a part in causing developmental delay, take action to get all the information today. Don't wait or delay - it will take time to assess your child's case, so you need to take action as soon as you can. Call us today at 202-393-3320.
If You Have Been Affected By Medical Malpractice, You Need Resources.
If You Have Been Affected By Medical Malpractice, You Need Resources.
Medical malpractice - mistakes by hospitals, HMOs and doctors when they don't follow the rules to keep patients safe - obviously harms and hurts the patient they injure.
But medical malpractice has a broad affect on the injured patient's family as well.
We've represented people who have had a severe brain injury in a hospital and need 24/7 care. In one case, the father had to quit his job and start a new business so he could be home to help care for his adult daughter. The family had to convert a first floor room into a hospital room to fit the wheelchair, hospital bed, medical equipment and supplies their daughter needs. Their credit is shot - because Medicaid never pays for everything they need.
Plus, Medicaid never provides the amount of nursing care to take care of someone who needs around the clock care. And nurses can quit or not show up, leaving the family in a bind where they can't go to work, can't attend the other kids' activities, or even go out for dinner or a movie.
We can help get families affected by medical malpractice the resources they need to make their lives better. You can start today by calling us at (202) 393-3320 to confidentially, discreetly discuss your family's situation.
And you can order two of our publications for free: Picking Up the Pieces: A Parent's Guide to Medical Malpractice and Getting Everything Your Special Needs Child Deserves.
Both are written based on our experience working with families affected by medical malpractice in D.C., Maryland and Virginia.
Don't wait. There are time limits for everything. So get started getting help for your family today.
When should I contact a D.C. medical malpractice attorney about a medical malpractice case?
The best medical malpractice attorneys are both selective in the cases they choose and busy. For example, we want to help people with certain types of medical malpractice cases such as cerebral palsy, injuries to children and babies, and wrongful death cases for adults. These are people who are worried about the future of their loved ones and family – how to take care of them. Those are the kind of people we serve.
So as soon as you are suspicious that a patient has been critically injured or has died due to medical malpractice by a hospital, HMO or doctor in D.C., Maryland or Virginia, you should call us and talk it through with an experienced medical malpractice lawyer. Starting the process of investigating and preparing a medical malpractice case earlier always helps the family - it is less stressful and time consuming and you don't have to worry about whether something was missed because you waited too long.
And with medical malpractice cases, the longer you wait, the harder it is to get an experienced medical malpractice lawyer to even talk to you about your case. The best lawyers won't take cases when the statute of limitations is near because there may not be enough time to really help someone. That's our policy.
Please give yourself and your family enough time to thoroughly investigate any medical malpractice issue. You can call us at (202) 393 - 3320 to set up a time to speak with you to see if we can help.
How do top D.C. medical malpractice lawyers decide whether to take a medical malpractice case?
Top medical malpractice lawyers in D.C., Maryland and Virginia (and probably everywhere else) are selective in deciding whether they can take a medical malpractice case. In our D.C. medical malpractice law firm, we decide whether to take a medical malpractice case after a thorough screening process. And we only agree to represent clients where the medical malpractice caused significant injuries such as paralysis or cerebral palsy, or death. The reason for that is simple. As medical malpractice lawyers for patients and families, we feel we can help people the most in those types of medical malpractice cases, and those patients and families usually need our help the most.
The process of investigating a medical malpractice case in D.C. starts with just a phone call. If you'd like us to investigate a medical malpractice case for you or your family, call us today at (202) 393-3320. We'll talk it through with you and hopefully get you some answers.
But don't delay - there are time limits to medical malpractice cases and if someone calls us too close to the statute of limitations (the deadline to file a medical malpractice case) we won't be able to help.
What is the difference between medical malpractice and negligence?
Malpractice vs. Negligence
Someone called me yesterday about a wrongful death case in D.C. after a relative died from what sounded like inadequate medical care by an HMO here in the District.
I explained some of the elements of a medical malpractice case in D.C. - the standard of care, proving the malpractice caused the person's injury or conditions, the damages allowed in wrongful death cases, etc.
After we finished, she asked a great question - what's the difference between negligence and medical malpractice?
Usually there is no difference. Medical malpractice lawyers tend to use the terms interchangeably - I know I do.
Medical malpractice is negligence by a doctor, nurse, hospital, HMO (any healthcare provider providing medical care to a patient) where they fail to do what a reasonable and prudent doctor, nurse, etc. would do in the same situation. The harm is to a patient. Many times this is also called medical negligence.
Negligence is anyone failing to do what a reasonable person would do in the same situation - it can be a driver, store owner, landlord, anyone who does something (not intentionally) that hurts someone else, usually because they weren't being careful.
So if an anesthesiologist doesn't monitor a patient during surgery and she is injured due to lack of oxygen, that is medical malpractice. If the same anesthesiologist runs over someone in the hospital parking lot, that's negligence.
Order a free copy of one of our books, consumer guides and/or reports for more information on this and a number of other topics.