Washington DC Medical Malpractice Attorneys
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When seeking medical care from any doctor, whether it is your primary care physician or emergency doctor, you put your trust in a medical professional that they are providing you the best care to their trained ability. Your safety and wellbeing are at stake, which is why you trust a healthcare professional when it comes to doctor’s visits, diagnosis, surgery, aftercare, and other health-related issues. Doctors and nurses can get distracted, make mistakes, or be in a hurry, which can affect the care they provide to you. This is when it might become necessary to seek the help of an experienced medical malpractice attorney.
To be successful in a medical malpractice claim, you must be able to show that a healthcare professional caused you some type of harm due to a negligent act and that you have incurred damages as a result. Nobody ever expects to be harmed by somebody who has promised to use their best judgment with your care. At Fay Law Group, our experienced medical malpractice attorneys have handled many types of malpractice claims for clients in the past and are fully dedicated to helping you receive the compensation you deserve. We understand that you may have physical and mental pain as a result of being harmed by a healthcare professional. Fay Law Group would like to assist you in your time of need. Please reach out to us at (202) 589-1300 for more information on how we can help you move forward.
To learn how our experience with the investigation and presentation of medical malpractice claims can help you and your family, call us at (202) 589-1300 for a free consultation.
Common Types of Medical Malpractice Claims
Medical professionals and physicians are bound by professional standards in the course of the level of care they provide. Avoidable injuries and illnesses can occur when a medical professional does not apply the basic standard of care expected. When this happens, a medical malpractice suit should be considered.
Due to the time limitations imposed by Washington, D.C. law and the need to preserve your rights, you should contact an experienced attorney at Fay Law Group to handle your medical malpractice claim. Our attorneys are knowledgeable in the many types of medical malpractice that could occur. Some of the more common types of medical malpractice claims include, but are not limited to:
- Misdiagnosis of a disease
- Failure to properly diagnose an illness
- Failure to order proper testing to confirm condition
- Failure to suggest a visit to a specialist
- Failure to properly interpret lab results, or order the proper testing
- Improper interpretation of test results
- Failure to consult with a specialist
- Delayed diagnosis
Misdiagnosis: Misdiagnosis makes up one of the biggest percentages of medical malpractice cases that are seen in the courts today. A misdiagnosis occurs when a patient visits a medical professional for an examination of symptoms and is provided with an incorrect diagnosis. However, it should be noted that not all cases of misdiagnosis are negligence, as some diseases and disorders are difficult to identify in early stages.
Delayed Diagnosis: This type of malpractice is very closely related to cases involving misdiagnosis. In delayed diagnosis cases, the medical professional may make an incorrect diagnosis initially, but they provide the patient with the correct diagnosis at a later date. Delayed diagnosis cases allow for a condition to progress when the patient does not receive timely treatment.
Failure to Treat: Failure to treat happens when a doctor provides the correct diagnosis to a patient but fails to adequately provide treatment. Understaffed hospitals tend to exacerbate the issue. Doctors are required to treat a large volume of patients in a short amount of time, which means that they might miss certain details in a patient’s treatment plan. Doctors who fail to treat are not abiding by the basic standard of care that is owed to patients. They can be held liable for this negligence.
Surgical Errors: There are many types of errors that can take place in an instant during surgical procedures. Errors including performing the wrong procedure, performing a surgery that was not necessary, damaging organs during surgery, administering the wrong amount of anesthesia, using non-sterile surgical instruments, or leaving medical equipment inside the patient after surgery are most common. Surgical errors could have a huge impact on a person’s life and can even lead to deadly results if an infection occurs.
Birth Injury: Birth injuries are some of the most devastating injuries that take place due to negligence or reckless actions that cause injuries to newborns. Expectant parents are looking forward to meeting their baby and are not prepared for something to go wrong during the prenatal or birth process. As a result, they might hold a negligent doctor or healthcare provider liable when a serious injury or even death takes place due to inadequate care.
Ways to Prove Your Medical Malpractice Claim
If you believe that you or somebody you love has been harmed at the hands of a healthcare professional, you may be eligible to file a medical malpractice claim for damages. However, as with any other type of personal injury claim, you must be able to prove that another party is at fault for your claim, which means proving they acted in a negligent or reckless manner. Medical malpractice claims are typically very complex and will require medical knowledge to prove that another person acted negligently. The following are conditions that you will need to establish to be successful in your claim:
Relationship with a Doctor: The victim must be able to establish that they were an existing patient and had a relationship with the doctor who caused them harm. The medical malpractice claim will not be successful if you are not able to prove the relationship. To prove that this relationship of care existed, the victim must be able to show that the doctor provided them with medical treatment or a diagnosis. It must be proven to the court that there was a doctor who had an obligation to treat you with a basic standard of care and they reached a level of care that meets professional standards.
Negligent Care: There is something known as the medical standard of care that all doctors must abide by. In order to bring charges relating to negligent care, it must be proven that your doctor did not meet the medical duty of care due to you. The standard of care sets a professional standard to show that competent and reasonable healthcare professional with the same type of background would have provided the best care possible under the same circumstances. If it can be proven that your doctor fell below that standard of care, you may have a medical malpractice claim. Expert witnesses might be called in to show the level of duty of care that was expected and how the professional fell below the standard when they were treating you.
Injury Occurred: It must not only be proven that your doctor was negligent, but you must also be able to prove that, because of this negligence, an injury occurred. Perhaps your condition became worse when the doctor failed to diagnose you correctly. In this case, you will need the help of an expert witness to show that a competent doctor in the same situation would have run similar tests to come to the same diagnosis and ensure that you received treatment in an appropriate amount of time.
Proven Damages: You must also be able to show that you received certain damages as a result of the alleged malpractice. Damages may include lost wages from missing time at work due to the recovery from your illness or disorder. It could also include all of the medical bills that you have incurred due to the harm that your doctor caused outside of the normal standard of care. Pain and suffering and emotional distress may be recoverable if it was caused due to their harm.
If you are able to prove each of these conditions, you may be eligible for a medical malpractice claim. The medical malpractice claim will help you receive the compensation you deserve for your injuries or the loss of a loved one. Our skilled medical malpractice attorneys at Fay Law Group have helped many clients obtain the compensation due to them and are willing to stand by your side through every step of the complex legal system. No matter what type of negligence a healthcare professional has performed, you have rights. Please contact us for a free initial consultation at (202) 589-1300.
Who is Responsible for Your Claim?
Healthcare Professional: Medical professionals, anesthesiologists, nurses, and physicians may be negligent in the treatment of your condition. If you can prove that the professional’s negligence is directly related to the harm that you have received, you could file a successful claim. It will need to be identified if the medical professional is a contractor or employee of the hospital or doctor’s office.
Hospital: Hospitals can be directly held liable for the harm that they or one of their professionals causes to another party. For example, a hospital could be held liable when they do properly confirm the credentials of a medical professional and, as a result, they hire somebody who was not properly trained for the position. They could also be held liable for harm sustained by a doctor under the theory of “vicarious liability.” If an employee was working within the scope of employment when the harm took place, the hospital could be liable as well as the professional. In a situation where a doctor is considered to be an independent contractor, the doctor themselves would be responsible for the damages sustained.
Pharmaceutical Company: It may be possible to hold a pharmaceutical manufacturer liable for the harm that you have sustained. If a drug causes injury to patients who did not know about the side effects because of the failure of a manufacturer to provide proper warnings, they could be held directly liable. If a physician was provided with the knowledge of the complete side effects but did not tell patients, the doctor could also be liable for any harm sustained by a patient.
Damages in a Medical Malpractice Claim
In a medical malpractice claim, you will be able to make a claim for damages for the things that you lost due to your accident. There are two types of damages available in these cases: damages that can be calculated exactly, and those that are incapable of exact calculation.
Special Damages: Special damages are the damages that are economic in nature, such as lost earnings from missing time at work and medical bills that you have sustained due to your injury. It can be easy to prove some of these damages, especially if you have a detailed record of the income that you receive from your job. However, some issues that will make it difficult to obtain these damages include the status of your employment at the time of your injury or if you are self-employed and your income fluctuates.
General Damages: These are non-economic damages that include areas like pain and suffering, loss of consortium, and other damages not listed. Valuing aspects like pain and suffering are not evaluated easily, but can be estimated using a variety of different methods. There are many aspects that can impact the amount of compensation that you may receive after you have filed your claim.
How a Medical Malpractice Attorney Can Help
There are many complex issues that can become prevalent in medical malpractice cases. For instance, your medical professional may have made an error in judgment that was understandable, which may negate your ability to prove your claim. A skilled medical malpractice attorney will be able to prove that negligence occurred and the medical professional in question was not providing a level of care that meets professional standards when the injury was sustained.
If you believe that you have a reason to file a medical malpractice claim, you should speak with an experienced attorney about your case. Our attorneys at Fay Law Group will assist you in gathering evidence and proving your claim in order to obtain maximum compensation for injuries you have suffered at the hands of negligent healthcare professionals. Please contact us at (202) 589-1300 to find out how we can assist you.
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