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Medical malpractice occurs when a medical professional fails to meet the standard of care, resulting in injuries and harm to the patient. With so many involved parties, medical malpractice claims can be overwhelming. At Regan Zambri Long, we understand your fears and will do everything we can to answer your questions and keep you informed at every step.
The medical malpractice attorneys of Regan Zambri Long answer your medical malpractice frequently asked questions.
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An average medical malpractice settlement is a difficult thing to calculate, as the value of your claim will depend on the severity of
your injuries and if death was involved. Further, the state where the malpractice occurred can also impact the claim’s value based on the adjusted cost of living.
According to the U.S. Department of Health and Human Services National Practitioner Data Bank, the average medical malpractice settlement was $342,307.97 for 2013 to 2022.
Proving negligence is often the most challenging element of establishing a medical malpractice claim. To prove medical negligence, you must illustrate that:
Medical negligence occurs when a healthcare professional’s actions or inactions do not meet the standard of care. It becomes medical malpractice when the negligence causes injuries and harm to the patient.
The statute of limitations to sue for medical malpractice in Washington, D.C., and Maryland is three years from the alleged malpractice and two years in Virginia.
There is no cap on damages in a medical malpractice suit in Washington, DC.
However, Virginia has a cap on damages, with a maximum limit of $2,500,000 on total damages.
Maryland also has caps on non-economic damages of $890,000 for cases arising in 2024.
Anytime a healthcare professional falls below the standard of care, resulting in injuries and harm to a patient, you may have a medical malpractice lawsuit.
However, between 80 and 90 percent of these cases are dismissed without settlement, making it critical to have an experienced attorney.
Common types of medical malpractice include:
Depending on what you did before your settlement will determine if your malpractice award is taxable.
The award is non-taxable if you did not total your medical expenditures as an itemized deduction before the lawsuit. But, if you did, it may be taxable. Compensation from emotional distress and mental anguish is non-taxable so long as it is related to the physical injury itself. If it is not related to the injury, it is taxable.
If punitive damages are awarded, these are taxable.
The following states have caps on all or some medical malpractice damages as of 2024.
Call an experienced lawyer in your state to learn what medical malpractice laws are in effect.
While not an exhaustive list, the following parties may be held liable in your malpractice case:
You may be entitled to compensatory or economic and non-economic damages for your losses. This includes medical bills, lost wages, pain and suffering, etc.
Never events are medical errors that are preventable and so serious that they should never occur. Examples are operating on the wrong patient or giving the wrong blood type in a transfusion.
If you have suffered injuries that resulted in damages due to substandard care by a medical provider, you may be a victim of medical malpractice. Call Regan Zambri Long to learn how we can help.
You can sue a hospital for neglect if a hospital worker did not provide adequate care to you resulting in injuries. This may also be the case if you suffered harm due to staffing issues.
Sepsis can be caused by medical negligence. It may constitute malpractice if an error causes you to suffer the infection due to a provider not recognizing it, la ack of treatment, and poor sanitation.
If you suffer a hospital-acquired infection, you may be entitled to compensation. Though they can be difficult to prove, common causes of hospital-acquired infections are surgical sites, medical device-related infections, and respiratory infections.
Proving you got the infection from the hospital can be tricky, so it’s key to consult with an attorney.
A medical malpractice lawyer from Regan Zambri Long can help you with your claim by:
If you or a loved one need legal advice, call Regan Zambri Long for a no-obligation, free consultation.
Proving misdiagnosis by a health care provider can be difficult as you must establish the doctor-patient relationship and breach and highlight the damages resulting from their inadequate level of care.
You can do this by reviewing your medical records, getting a second opinion, and consulting with expert physicians with extensive experience in your health condition.
The National Library of Medicine defines informed consent as “the process in which a health care provider educates a patient about the risks, benefits, and alternatives of a given procedure or intervention.” This allows the patient to get the final say before receiving medical treatment or undergoing a medical procedure.
Is misdiagnosis considered medical malpractice?Misdiagnosis is considered medical malpractice if another healthcare provider given similar information and under similar expertise would have come up with the proper diagnosis.
In essence, a breach of care must first have occurred when a duty of care was owed.
Duty of care establishes an agreement and relationship in which the doctor is expected to act according to a certain medical standard. A breach of care occurs when the standard is not met.
If you were harmed by a negligent medical practitioner in the DC metro area or have more questions about your claim, call our skilled injury attorneys. For almost 30 years, the medical malpractice lawyers at Regan Zambri Long have been helping injury victims with their claims. We are here for you. Contact us today to schedule a free consultation.
