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Am I a Victim of Medical Malpractice?

Medical malpractice occurs when medical treatment falls below the standard of care established by the profession. Whether a surgical error, a delay in diagnosis, a misdiagnosis, or a medication error, these mistakes can have negative consequences for patients.

If you believe a medical provider did not provide you or a loved one with appropriate care, call a medical malpractice attorney from Regan Zambri Long. We’ll review the facts of your case and determine if you have a claim for damages.

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How Do You Know If You Have a Medical Malpractice Case?

According to the World Health Organization (WHO), you have a one in 300 chance of being harmed during medical care. Each year, medical errors claim the lives of more than 250,000 people, making it the third leading cause of death in the United States.

Sometimes accidents happen, but when medical negligence occurs, leading to harm to you or a loved one or even death, you and your family have a right to pursue legal action.

Signs That You May Have a DC Medical Negligence Claim:

While medical mistakes can be an unavoidable complication, sometimes a doctor’s negligence could have been stopped had the medical provider acted within the standard of care we expect of healthcare workers. Signs that you may be the victim of medicalAm I a Victim of Medical Malpractice? malpractice include:

  • Your medical treatment isn’t working
  • The prescribed treatment doesn’t make sense with your diagnosis
  • Your healthcare provider failed to order more than basic lab tests
  • You got a second opinion that was different than what medical professionals previously thought
  • There was an error during a surgical procedure
  • Healthcare providers failed to follow up with you after illness, injury, or a procedure
  • There was a lack of informed consent
  • You were not closely monitored
  • Your doctor is dismissive of your concerns or questions
  • Your condition after treatment worsened
  • You are not healing properly after a medical procedure
  • Your healthcare provider has made you feel uncomfortable
  • Your loved one was a victim of wrongful death

Our lawyers work with medical experts to determine if one of these red flags in your care resulted from negligence.

What Should I Do If I Suspect Medical Malpractice?

If you suspect a healthcare professional was negligent with your care, you may have grounds for a medical malpractice lawsuit. However, there are things you need to do to protect your physical health and case first.

First, you should request to switch providers by asking for a referral. This may mean switching in the middle of treatment or even a hospitalization. Just make sure you find a healthcare provider who treats you properly.

You will also need a copy of your medical records, which you should do as soon as possible. In many situations, doctors, nurses, etc., change the medical documentation to cover their mistakes. While this is illegal, it still occurs.

Once you have your documents and a new provider, get medical attention. Keep track of all these medical expenses, too, as they can be utilized as damages under medical malpractice law.

Keep a journal or log of your medical condition and any information relevant to the legal case. Be specific in your notes to show how the expected standard of care was not what you received and how your health changed once you received the proper care.

Finally, seek legal representation before the statute of limitations runs out. Under District of Columbia law, you have three years to file medical malpractice claims.

At Regan Zambri Long, our experienced medical negligence attorneys have handled some of the most complex medical malpractice lawsuits in the DC metropolitan area.

How long do you have to file a malpractice suit?

As a victim of medical malpractice, you have three years to file a suit against the negligent healthcare professionals who caused you harm.

However, there are exceptions to the rule. If the medical malpractice case involves a minor, the clock doesn’t start until the victim turns 18. Other exceptions include cases where the victim is declared mentally incompetent or is in prison. In those situations, the clock doesn’t begin until the victim is declared competent or is released from prison.

How long do you have to sue for misdiagnosis?

Victims also have three years to file a misdiagnosis claim. The clock begins when the alleged misdiagnosis occurred or when the victim discovered or reasonably could be expected to discover the negligence.

How Hard Is it to Prove Medical Malpractice?

Proving medical malpractice can be incredibly challenging. While unexpected complications can arise, there are standards of care the medical community is expected to follow.

With the help of legal professionals, you must prove the following in a medical malpractice suit.

  • There was a doctor-patient relationship where the doctor was expected to provide a duty of care.
  • There was a breach of that duty.
  • The breach in the standard of care caused harm to the patient.
  • That breach caused the victim to suffer tangible losses.

However, the first step is solidifying the doctor-patient relationship. You can prove this with proof of medical care, including your medical history and records. This can also include informed consent paperwork and any other care documents.

You must also provide proof that the improper treatment was given. This can be in discharge papers, along with any explanations for treatment options you were given.

Proof of patient harm is key, and establishing that relationship will be critical.

You will also need to show who was liable. This can include several parties, including one doctor, an entire medical team, large healthcare facilities, a nurse, a pharmacist, etc.

Holding negligent healthcare providers accountable can be a challenge. But Regan Zambri Long can guide you through the complex process with the care and compassion you need.

Get Help from an Experienced Washington, DC Medical Malpractice Lawyer

When we’re sick or hurt, we hope to receive an accurate diagnosis, avoid potential complications, and move on with our lives. While these are realistic expectations, when medical professionals cut corners in patient care, a bad outcome for the patient is a risk they take.

However, there are legal options for injured patients and their families. The experienced attorneys of Regan Zambri Long help care for patients who have been wronged by the medical system and get maximum compensation for the life-altering consequences of medical malpractice.

Possible Compensation for a Medical Malpractice Claim

The unfortunate reality in medical malpractice claims is that the insurance companies are not likely to provide you with the compensation you need to recover from your physical and emotional injuries.

With the help of a personal injury lawyer, you can secure fair compensation for your losses—damages you may be entitled to include economic, non-economic, and punitive damages.

Economic damages include:

  • Lost wages
  • Diminished earning capacity
  • Medical bills and future medical care

Non-economic damages include:

  • Loss of enjoyment of life
  • Loss of consortium
  • Pain and suffering
  • Mental anguish
  • Emotional distress
  • Wrongful death

In severe negligence cases, punitive damages may be awarded to punish the negligent party.

It is important to note that in Washington, DC, there is no cap on damages in a medical malpractice case.

Wondering if you have a medical malpractice case? Contact Regan Zambri Long

If you or a loved one were a victim of malpractice at the hands of medical staff or another negligent healthcare provider, you must actAm I a Victim of Medical Malpractice? quickly to take legal recourse. For decades, the legal team at Regan Zambri Long has represented victims and their families who suffered from substandard treatment.

Our experienced malpractice attorneys have secured multimillion-dollar settlements and verdicts for victims and their families for cases involving:

  • Birth injuries
  • Wrong medication/ wrong dosage
  • Inadequate follow-up care
  • Unnecessary treatment
  • Errors in diagnosis
  • Anesthesia errors

Not all personal injury attorneys can provide legal advice on medical malpractice claims. But at Regan Zambri Long, we can guide you through the legal process to ensure your care now and in the future.

If you or a loved one need legal guidance after a medical injury, call Regan Zambri Long for a no-obligation, free consultation.

Schedule a Free Consultation

Have you or your loved one sustained injuries in Washington DC, Maryland or Virginia? Regan Zambri Long PLLC has the best lawyers in the country to analyze your case and answer the questions you may have.

Call 202-960-4596

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