Professional Medical Malpractice Attorney in Maryland and Washington D.C.
Medical malpractice is defined as when health care professionals provide insufficient treatment through a negligent act or omission, causing injury or death to a patient. The negligent act or malpractice might be an error in diagnosis, treatment, aftercare, or health management.
If you have suffered harm because of medical malpractice, contact our firm today at (202) 717-6410. We will be happy to answer all your questions.
Forms of Medical Malpractice
There are many forms in which medical malpractice manifests. They include the following:
- Failure to diagnose or misdiagnosis
- Misreading or ignoring laboratory results
- Surgical errors or wrong-site surgery
- Improper medication or dosage
- Poor follow-up or aftercare
- Anesthesia errors
- Negligent attention during childbirth
The four “D’s” of medical malpractice
For your medical malpractice claim to be viable, four elements must be present. They are duty, dereliction, damage, and direct cause.
- Duty: You must prove that the medical professional in question owed you a duty of care. You must prove that there was a medical and professional relationship between you and the healthcare professional(s). This shows that the team in question was legally bound to provide you with standard care.
- Dereliction or Breach (A standard of care was violated):Under the law, there are standards of medical treatments that are recognized as acceptable by the medical profession. These standards are expected to be met by reasonably prudent health care professionals under the same or similar circumstances. This standard is called the standard of care and as a patient, it is your right to expect care that is consistent with this standard when you visit your healthcare provider. If it is proved that your healthcare provider failed to meet this standard, you have the beginnings of a medical malpractice claim.
- Direct cause (The substandard care you received caused you injury): We not only have to prove that your healthcare provider violated the standard of care. We also have to prove that you sustained an injury that you would not have sustained if the standard of care was met while you were being treated.
- Damages (The injuries you sustained were significant and cost you a lot): The injury led to damages such as mental anguish, lost wages, physical pain, or inability to work.
Statute of limitations in Maryland medical malpractice cases
Maryland Courts and Judicial Proceedings section 5-109 holds that a victim of medical malpractice in Maryland must file a claim within five years after the date the injury occurred or three years from the date that the injury was initially discovered.
The alternative provision was made because some injuries do not become apparent immediately after the victim sustains them. Some may even take years to become apparent. For this reason, the courts provide that the plaintiff must file a claim within three years of discovering the injury.
In contrast, the statute of limitations for medical malpractice cases in Washington D.C. is 3 years. However, Washington D.C. follows the “discovery rule” for determining the date that the 3 year limitation period actually begins to run. In some instances, injuries are not apparent until months or years after the date of surgery or medical visit. The statute of limitations begins when the patient could reasonably have known that (1) he or she was injured (2) the factual cause of the injury and (3) there is indication of misconduct by the healthcare provider.
Contact our Maryland medical malpractice attorneys for help
We understand how devastating these injuries can be on their victims, and we have spent years getting justice and compensation for people just like you. If you suffered injuries due to an act of a health care professional, call us today at (202) 717-6410 to schedule a free case evaluation.