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Did a healthcare provider make a mistake that injured you or caused a medical condition to worsen? If so, you can hold that provider accountable for the financial consequences of their improper care and the pain and suffering they caused you. These claims are complicated, though, and you’ll need to present solid evidence to win your case. That’s why an experienced Washington, D.C., medical malpractice lawyer can make all the difference in your claim.
Since 1911, the firm of Marks & Harrison has been proud to stand up for injured people in Washington, D.C., Virginia, and Maryland. Our current team of 30 attorneys and over 100 supporting staff has the experience, resources, and skills to handle even the most complex medical malpractice cases. Contact us today for a free consultation with a Washington, D.C., medical malpractice attorney, and let’s pursue the money you need to move forward.
What Is Medical Malpractice?
Medical malpractice occurs when:
- A healthcare provider renders treatment to a patient that fails to meet the applicable standard of care in the patient’s case, and
- The patient suffers some form of harm as a result, such as an injury or worsening of their medical condition.
Not every case of a negative outcome of medical treatment results from malpractice. Instead, malpractice means that it was the direct result of a medical professional providing substandard care.
What Are Some Examples of Medical Malpractice?
Medical malpractice cases can arise from various forms of negligent treatment or care. Contact our Washington DC medical malpractice lawyer today.
Common examples of medical malpractice include:
- Failure to diagnose or delayed diagnosis – Doctors may fail to diagnose a patient’s condition in time by not ordering various diagnostic tests or misinterpreting test results. Failure to diagnose may worsen a patient’s condition due to lack of timely treatment.
- Failure to treat – A failure to treat may occur when healthcare providers do not use the correct treatment for the patient’s illness or condition.
- Medication errors – These errors can include prescribing a harmful medication, miscalculating dosage, filling a prescription incorrectly, missing doses or double dosing, or administering medication to the wrong patient.
- Anesthesia errors – Mistakes by anesthesia teams include administering the wrong anesthetic, administering too much or too little anesthesia, and failing to monitor the patient’s condition.
- Surgical errors – Common surgical errors include operating on the wrong patient or site, failing to respond to complications, or leaving equipment or other material inside the patient.
- Premature discharge – Healthcare providers sometimes discharge patients before correctly diagnosing their condition or providing treatment to stabilize them, which may worsen their condition.
- Hospital-acquired infections – Inadequate cleaning and sanitization or infection-control policies may spread viral or bacterial infections to hospital patients already in a weakened state.
What Do I Have to Prove in a Medical Malpractice Lawsuit?
You will need to prove the following elements to win your medical malpractice lawsuit:
- Duty of care – You must first establish the applicable standard of care in your treatment. Although the specifics of the standard of care vary with each patient, medical professionals generally describe the standard of care as the treatment decisions that other providers of similar training and experience would make in similar circumstances.
- Breach of duty – You must then prove that your healthcare provider’s treatment deviated from the applicable standard of care, such as by showing that other providers in the same field as your provider would not have undertaken the same treatment.
- Damages – You must show how your provider’s deviation from the standard of care caused you to suffer injury or medical harm.
Typically, you will need testimony from a medical expert who practices in the same field of medicine or medical profession as your provider. This expert can explain the applicable standard of care in your treatment, how your provider’s care deviated from that standard, and how the deviation harmed you. Our Washington DC personal injury lawyer can help.
Who Can Be Held Liable in a Washington DC Medical Malpractice Case?
Various healthcare professionals can bear responsibility for medical malpractice, including:
- Doctors
- Nurses
- Physician’s assistants
- Radiology technicians
- Laboratory technicians
- Pharmacists
- Physical therapists
- Chiropractors
- Osteopaths
- Dentists
- Podiatrists
- Optometrists
Hospitals may also bear liability in a medical malpractice case for negligent treatment rendered by their employees.
What Compensation Could I Receive for My Medical Malpractice Claim?
A successful medical malpractice claim can provide you with compensation for your:
- Additional medical treatment or rehabilitation is needed for injuries or health complications caused by malpractice
- Costs of long-term care for prolonged or permanent impairment, such as home health services, housekeeping, childcare, or disability accommodations
- Lost income from additional time you need to take off work to recover from harm caused by medical malpractice
- Loss of future earning potential if you become permanently disabled from working
- Pain and suffering
- Reduced quality of life or life expectancy
Is There a Time Limit for Medical Malpractice Claims in Washington DC?
Under Washington, D.C.’s statute of limitations, you typically have three years after receiving negligent treatment to file a medical malpractice lawsuit against your provider. However, under the discovery rule, the three-year deadline for your lawsuit may not start until you discover or should discover the harm you suffered. For example, let’s say you start noticing abdominal pain after surgery, which does not go away over time. You seek follow-up care, and X-rays show that a surgical implement was left inside of you. Under the discovery rule, the three-year clock would start ticking on the day you learn this fact, not the day you underwent surgery.
The D.C. Code also requires you to provide your healthcare provider with notice of your claim at least 90 days before filing your lawsuit. If you suspect you are the victim of medical malpractice, you should contact an attorney as soon as possible so they can get started on your claim.
Contact a Washington DC Medical Malpractice Lawyer
Are you dealing with the painful aftermath of improper medical care? Then don’t put off asserting your legal rights. Contact Marks & Harrison today for a free, no-obligation consultation with a Washington DC medical malpractice lawyer to discuss your legal options for seeking compensation.
