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Medical Malpractice: The Basics

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Suffering a medical injury can leave you with so many questions: how did this happen? Who is at fault? How will I pay for the additional medical costs? These are normal and valid questions that you deserve to have answered.

Unfortunately, not every attorney believes it is their job to guide their clients through the complicated medical malpractice claims process. Many are bothered by questions and refuse to keep their clients informed of what is going on. At Regan Zambri Long, we deeply understand why you have questions and our medical malpractice lawyers make it their business to have answers.

Medical Malpractice Frequently Asked Questions

Q: What are the most common types of medical malpractice?

A healthcare professional can commit medical malpractice in a variety of ways. The list below is not complete but contains some of the most common forms of medical malpractice. The one thing all medical malpractice claims have in common: medical negligence. If your injuries were caused by the negligence of a medical provider or the facility where you were treated, then you most likely have a medical malpractice case.

If you recognize any of the following types of medical malpractice as something that happened to you, call the Regan Zambri Long medical malpractice lawyers for expert legal advice. If your injury is not listed here, call our medical malpractice attorneys for a free consultation to see if you have a medical malpractice lawsuit.


Misdiagnosis is the most common form of medical malpractice. Studies show that at least 12 million people are misdiagnosed every year. This category includes doctors getting the initial diagnosis wrong, delaying a diagnosis, or failing to diagnose a patient altogether.

A misdiagnosis, delayed diagnosis, or lack of diagnosis can lead to a person’s illness worsening. For example, if a cancer diagnosis is missed, the patient may lose precious time to catch the disease before it spreads to a terminal point. If your medical injury is the result of a misdiagnosis, delayed diagnosis, or lack of diagnosis, call the Regan Zambri Long medical malpractice attorneys today.

Surgical errors

At least 4,000 surgical errors occur every year – many of them completely avoidable. Surgical errors can include being operated on the wrong side of the body, or even on the wrong body part altogether. These injuries can be particularly harmful and leave the victim permanently debilitated.

Recently, the Regan Zambri Long medical malpractice lawyers secured an $11 million settlement against a medical facility that failed to perform a pregnancy test on a client before a routine surgery, causing her to be severely disabled.

Medical negligence in hospitals

Hospital negligence can be used as a catch-all in medical malpractice cases. In many cases, there is someone directly responsible for your medical injuries, such as a nurse or a physician. However, unless that person is working alone, then the facility or business that employs that medical provider can be held accountable for their employee’s actions.

Hospital negligence can include neglect in the emergency room or operating room. Faulty lab work or anesthesia errors can also be included in hospital negligence. Since this is such a big category, you will need to speak with a Regan Zambri Long medical malpractice attorney who can help narrow down the category of your injury.

Other common forms of medical malpractice include:

Q: Do I have a medical malpractice case if my baby was injured by a medical error?

Unfortunately, infant brain injuries are not uncommon in the United States. While some of these injuries cannot be prevented, some are completely avoidable and are only caused because of a negligent medical professional. For many families, birthing injuries can be devastating, causing the child to be permanently debilitated for the rest of his or her life.

Birth injuries can occur anytime during a woman’s pregnancy, during the delivery, or immediately following the delivery. If any of the following occurred throughout your pregnancy, delivery, or stay in the hospital, reach out to a Regan Zambri Long medical malpractice lawyer as soon as possible:

According to one study, a family can pay over $7,000 in the first three months after a severe traumatic brain injury. If the injury causes permanent brain damage, medical and other supplemental costs can send a family into financial distress very quickly.

This is why it is so important to have an experienced personal injury lawyer by your side. It is our job to make sure you are fairly compensated for the injuries someone else caused. You should not have to go into financial debt because of a medical professional’s negligent treatment. Call today for your free initial consultation to get the medical malpractice claims process started.

Erb’s Palsy

Erb’s Palsy is a form of a brachial plexus injury. The brachial plexus is a network of nerves that sends signals from your spinal cord to your shoulders, arms, and hands. When the network is disrupted, it can cause paralysis in the shoulder and throughout the entire arm.

Erb’s Palsy can occur as a result of medical negligence during birth. If the medical provider uses improper vacuum or forceps technique to extract the baby, it can cause Erb’s Palsy. A breech birth or shoulder dystocia can also result in Erb’s Palsy.

Q: Do I have a medical malpractice case against an anesthesiologist?

There are a number of ways an anesthesiologist can be negligent while performing his or her duties during a procedure. Like any other health care provider, an anesthesiologist must be held liable for his or her actions if their negligence injured you.
An anesthesiologist may be negligent by:

If your medical injury was directly caused by an anesthesiologist, the Regan Zambri Long medical malpractice attorneys will pursue the highest amount of damages possible against the doctor and the facility.

Q: Do medical device injuries constitute medical malpractice?

Medical devices have helped countless people and have proven to be a wonderful advancement in the medical field. However, when a device is faulty or poorly made, it can cause serious harm to a patient. If you were injured by a medical device, there may be several legal avenues you can take to recover compensation. The Regan Zambri Long medical malpractice attorneys will guide you through the process and determine all the parties who may be liable for your injuries, like the product manufacturers, the hospital, or the doctor who ordered the device.

Q: Who is liable in a medical malpractice lawsuit?

Several parties can be held responsible for your medical injury, which is why it is so important to work with experienced medical malpractice lawyers. Where you may think it was only your doctor’s mistake, your lawyer may uncover that the facility where your injury occurred may also be at fault.

Medical injuries are extremely costly, which is why medical malpractice lawsuits are so important. Not only are you holding the responsible parties accountable for their negligence, but the damages you collect can help offset the sudden costs you were not expecting.

Possible liable parties include, but are not limited to:

Q: How do I prove a medical malpractice claim?

Several steps need to be taken to prove medical malpractice occurred. The Regan Zambri Long medical malpractice lawyers have secured millions for clients over the years and will carefully build a case using the following:

Q: What is the role of a medical malpractice lawyer?

Jacqueline ColcloughThere is no requirement to have legal counsel if you file a medical malpractice claim against a healthcare professional or facility. However, malpractice claims are quite complicated and it is in your best interest to have an expert legal advocate by your side.

Medical facilities, especially large hospitals, have powerful insurance providers behind them who will aggressively seek to offer you the lowest settlement possible. Insurance adjusters are known to manipulate facts and take advantage of your vulnerability after suffering a serious injury to lowball you. A Regan Zambri Long medical malpractice attorney can make sure that does not happen.

A medical malpractice lawyer’s job is to build a team of medical consultants and legal advisors to establish a rock-solid case around your claim. That includes determining which party or parties are at fault for your injuries (yes, there can be multiple!). It also includes discovering evidence to support your claim which can include medical records, testimonies, expert witnesses, videos, pictures, and other documentation.

Your Regan Zambri Long medical malpractice attorney will also calculate the damages your claim is worth. The damages can include:

There is no estimate of how much a claim is worth – it all depends on the severity of your injuries. However, the Regan Zambri Long medical malpractice attorneys will fight fiercely to secure the maximum amount of damages possible so you and your family can focus on recovering without having to worry about financial burdens.

Q: Will Regan Zambri Long take a medical malpractice case in Virginia?

Regan Zambri Long’s firm extends throughout the DC Metro area: Maryland, Virginia, and Washington DC. We are deeply knowledgeable in the medical malpractice laws of all three jurisdictions. Our lawyers are well-known in the court system, and we have a profound understanding of various insurance policies in the states.

Our knowledge of the DC Metro Area gives us leverage over other attorneys and firms in the region. We know how insurance companies think, respond, and conduct business, which makes us more effective in negotiations.

Contributory negligence

It is important to know that Maryland, Virginia, and Washington DC still practice contributory negligence law. Some would argue it is an outdated law that states if the claimant (who is the person who files the claim against the healthcare professional or facility) is found to have any responsibility (even 1%!) in the injury, then he or she cannot collect compensation. It is very common for defense attorneys to use contributory negligence as an easy out for their clients. That is something our attorneys do not tolerate. We firmly believe you should not foot the bill for someone else’s negligence.

Statute of limitations

Another important thing to remember is the medical malpractice statute of limitations in your jurisdiction. In Maryland, the time restriction on filing a medical malpractice claim is five years from the date of the medical injury. In Virginia, the victim only has two years to file a claim against the negligent party. Washington DC’s statute of limitations is three years from the date of the injury.

The statute of limitations and contributory negligence law are two of the benefits of having a legal expert in your corner during the claims process. The Regan Zambri Long lawyers will handle all the paperwork and deadlines in your case. While you focus on your recovery, we will make sure everything is filed correctly and in a timely manner to ensure you can pursue the compensation you deserve.

Q: How do I protect myself from medical injuries?

patrick reganNot every injury can be prevented. However, today with the internet available to most, it is easier to do research before going to the doctor and being able to advocate for yourself in the healthcare system. The following tips should be helpful to protect yourself from medical errors:

For a more in-depth discussion, call the Regan Zambri Long medical malpractice lawyers for a free initial consultation. A veteran medical malpractice lawyer will walk you through each step of a medical malpractice case and discuss all your legal options.

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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