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Maryland Association of Justice 
Washington DC Medical Malpractice Lawyer
Medical malpractice happens when a health care provider is negligent and causes the death or injury of a patient. This means that there may be malpractice in an instance where a medical provider does not meet an accepted standard of care. This can range from refusing a patient care to prescribing harmful drugs or making a mistake during surgery. There are many different forms of malpractice and you will need to consult with an attorney if you think that you may have a case.
- Birth Injuries
- Surgical Errors
- Hospital Mistakes
- Gastric Bypass Surgery
- Emergency Room Wait Times
- Cancer Misdiagnosis
- Barchial Plexus
There are four points for a plaintiff to use in a medical malpractice lawsuit. The first is to prove that a medical duty was owed to the patient. This happens when a doctor or a medical facility accepts responsibility for the care of a patient. The next point is to prove that the duty was breached. This means that the provider did not meet the standard of care that is expected from a health care provider. The standard of care is usually established through expert testimony where other doctors will establish accepted medical guidelines for the treatment of a case. The next point is to prove that the breach caused the patient an injury. This means that the plaintiff must prove through medical testimony that the injury they suffer from was caused by the defendant in the case. How this is done will vary from case to case depending on the particular type of injury that was caused. The fourth point is damages, or what the plaintiff lost or suffered through this injury. This can be many things including loss of wages, loss of body function, emotional injury and death of a family member. There are many different ways that a person can be damaged from medical malpractice so it is important to discuss all aspects of your case with an attorney so they can help you to form a case against the medical professional that caused the injury.
Once the case is files then the parties in the case go through discovery. This means that the lawyers examine the evidence from one another's cases to determine the strength of the case and what to expect. This can often lead to one side or the other deciding that their case may not be strong enough to avoid a settlement. A settlement means that the defendant will pay a certain amount of money to the plaintiff and that the case against them will be dropped without going to court. If the case does go in front of a court it is the responsibility of the judge or jury to determine if the defendant did in face cause the malpractice and if they decide that that did occur, then how much money that injury is worth. This decision will lead to the amount of money that the injured party will receive for the malpractice including any ongoing or corrective procedures, aftercare and replacement of lost earnings. If you feel that you have been injured in a medical malpractice case then please contact our law firm for a case evaluation.