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When a patient visits a doctor, there is an inherent trust that they will be cared for and that no harm will be done. Unfortunately, that is not always the case. While medical professionals in Bethesda strive to provide the best care possible, mistakes in the medical field still do happen.
If you or a loved one have been injured at the hands of a medical professional in Bethesda, contact the accomplished medical malpractice lawyers at Regan Zambri Long. Our attorneys work locally, serving the residents of Bethesda for over 30 years. We are passionate about protecting our clients’ rights and fighting for the justice they deserve. We offer a free consultation where you will speak with a malpractice lawyer who will guide you through your options. Don’t wait – call today so we can take over your medical malpractice claim and recover the compensation you deserve.
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According to Maryland law, medical malpractice is when a healthcare professional provides medical care that is inconsistent with the accepted standards of practice for similar healthcare providers. A medical malpractice lawsuit is a civil claim filed by the victim of the malpractice who suffered injuries due to substandard care by the medical professional.
The standard of care applies to nearly every healthcare provider or facility. If a patient is in a medical professional’s care, the medical professional has a duty to that patient.
At Regan Zambri Long, our medical malpractice lawyers understand that no two medical malpractice cases are alike. The following are the most common types of medical malpractice claims we see in Bethesda, Maryland. However, if you do not see your unique situation in this list, call for a free consultation. A compassionate medical malpractice attorney will listen to your story and offer expert legal guidance.
The most common types of medical malpractice claims are:
Misdiagnosis is the incorrect diagnosis of an illness or other problem. Misdiagnosis delays appropriate treatment for the patient. In many cases, the wrong treatment could be given to the patient, making the patient even sicker.
For example, a patient could go to her doctor about a chronic cough. The doctor fails to thoroughly investigate the source of the cough and misdiagnoses the patient with allergies. In reality, the patient has lung cancer. The outcome is an unknowing patient taking allergy medicine when she should be treated for lung cancer. In this case, precious time is wasted and the doctor’s misdiagnosis could cost the patient her life.
When a physician fails to diagnose the condition of the patient, or when the physician delays the diagnosis for an unreasonable amount of time, it can cause life-threatening harm to the patient. In emergency situations, failure to diagnose is especially dangerous. If a person is experiencing a stroke or a heart attack, they need a diagnosis and medical intervention immediately.
A birth injury, not to be confused with a birth defect, is when a baby suffers a physical injury at the time of their birth. Birth injuries do not start during labor. Errors made throughout pregnancy can lead to a birth injury.
Misuse of forceps, pitocin, and vacuum can lead to a baby being injured at birth. Failure to screen for complications during the mother’s pregnancy or failure to perform a c-section can result in catastrophic damage to the child. A birth injury can lead to lifelong problems such as cerebral palsy, nerve damage, and brain damage.
It’s an anesthesiologist’s job to administer the perfect amount of anesthesia to a patient. Too little or too much can cause devastating injuries. Negligent errors made by the anesthesiologist can cause permanent numbness, overdose, coma, feeling during a procedure, or wrongful death.
The hospital, clinic, or facility is responsible for the cleanliness of the facility and the safety and care of the patients inside. Hospitals and clinics could be held accountable for any post-surgical infections or hospital-acquired infections if the cleanliness of the patient rooms, operating rooms, and medical staff is substandard.
Hospitals have a duty to employ medical staff that adheres to the standard duty of care. While individual healthcare providers can be held liable in a medical malpractice claim, the hospital is also liable for the patient’s day-to-day care and can be held responsible for any mistakes made by their staff.
In the United States alone, up to 9,000 people die every year due to a medication error. Before prescribing a medication, a doctor or nurse should make sure you are not allergic to the drug, the drug won’t interfere with another medication you’re taking, and that you are informed of any possible side effects.
Surgical errors are injuries to patients as a result of a mistake made during a surgical procedure. Surgeons may botch an entire procedure (like doing surgery on the wrong body part) causing permanent damage to the victim. In some cases, surgeons have left instruments in the patients.
A physician or hospital has the responsibility to provide the patient with all the information about the risks, benefits, and alternatives to surgery or treatment in a non-emergency situation. Patients must give informed consent before undergoing any type of procedure.
The process of a medical malpractice claim can seem overwhelming to the victim. Rest assured, our medical malpractice lawyers at Regan Zambri Long will fully take charge of your case. We will make sure all the paperwork is filed correctly and on time. While we will keep you informed each step of the way, we want you to focus on your recovery and let us do the heavy lifting in your case.
First, let’s talk about the difference between medical negligence and medical malpractice. Medical negligence is a lack of care from a medical professional. It’s due to inattentiveness, failure to take proper care, and violating the standard of care. Medical malpractice is a form of negligence. However, in legal terms, medical malpractice is a breach of the standard of care by a medical professional that results in direct harm to the patient.
In order to prove a medical malpractice claim in Bethesda, your case will have to prove the following four elements:
The first step in the formal process of filing a medical malpractice claim in Bethesda, Maryland is to submit the claim to the Director of the Maryland Health Claims Arbitration Office. Before the claim is formally filed against the healthcare provider in court, the victim must participate in a mandatory arbitration process.
In order to submit the claim to the Maryland Health Claims Arbitration Office, your attorney will obtain a certificate of merit. A certificate of merit basically confirms that your medical malpractice claim has a basis for a lawsuit. In order to obtain the certificate, an expert witness will testify that the medical professional you are making the claim against committed malpractice.
Maryland is one of the few states that still practice contributory negligence. This law states that if the patient was at all responsible for his or her injury, then he or she cannot claim any damages in a personal injury case.
Another hurdle in a medical malpractice case is the role of informed consent. In any medical procedure, there is inherent risk. If the patient signed an informed consent document, it could complicate the medical malpractice claim.
The lawyers at Regan Zambri Long have been immensely successful in medical malpractice claims, including winning an $11 million settlement for a client who was injured during a heart surgery. We will use every resource necessary to build your case and win a favorable settlement or verdict.
There are three types of damages you can recover from a medical malpractice suit:
Victims of medical malpractice in Maryland must adhere to one of the following deadlines to file a claim:
While these may seem like large windows, if you do not file a claim within that time frame, you will forfeit your rights to collect compensation for your injuries. Medical bills pile up quickly. The faster we file your claim and negotiate a settlement, the faster you can put your medical malpractice case behind you.
Medical injuries are often sudden and always unexpected. We understand that you are in pain and in shock. The last thing on your mind after a life-changing injury is a lawsuit. However, our mission is to make sure our clients don’t pay for the mistakes of others. Why should you foot the bill for the negligence of a medical professional?
Our medical malpractice lawyers work around the clock to settle your case as efficiently as possible. Our law firm has the resources, connections, and financial backing to see your case through to the very end. We are known throughout Maryland and the DC Metro area to be excellent trial lawyers – if your case does not end in a favorable settlement, we will take it to court.
Our Bethesda personal injury lawyers will work with medical consultants, expert witnesses, and other legal experts to build your case. We will pour over hospital records, medical records, video footage, and every single piece of evidence available to make sure you take home the maximum compensation for your injuries. We do all of this at no cost to you. Our medical malpractice lawyers work on a contingency basis. That means we do not get paid unless you do. Call today for your free consultation.
