Frequently Asked Questions About Medical Malpractice Cases

Not every poor medical outcome is malpractice. To establish a medical malpractice claim, it generally must be shown that:

– A healthcare provider owed you a duty of care;
– The provider failed to meet the accepted standard of care;
– That failure caused injury; and
– You suffered damages as a result.

Examples may include:

– Failure to diagnose cancer
– Delayed diagnosis of stroke or heart attack
– Surgical mistakes
– Medication errors
– Birth injuries
– Hospital negligence
– Failure to monitor a patient

If you suspect a preventable medical error caused serious harm, an experienced medical malpractice attorney can evaluate your records and determine whether a viable claim exists.

Every case is different. The value of a claim depends on factors including:

– Severity of the injury
– Medical expenses
– Lost income and earning capacity
– Permanent disability
– Pain and suffering
– Wrongful death damages

Catastrophic injuries and wrongful death claims often involve substantial damages, but no lawyer can accurately determine value without a detailed review of the medical records and evidence.

Strict deadlines apply in both Maryland and Washington, D.C.

Missing a filing deadline can permanently bar your claim. Because limitations periods and exceptions can be complicated, you should consult an attorney as soon as possible.

Common malpractice claims involve:

– Misdiagnosis
– Delayed diagnosis
– Surgical errors
– Birth injuries
– Emergency room negligence
– Medication mistakes
– Anesthesia errors
– Hospital-acquired infections
– Failure to monitor
– Failure to obtain informed consent

Most medical malpractice attorneys, including our firm, handle cases on a contingency fee basis. This means:

– No upfront attorney fees
– No fee unless compensation is recovered
– Case expenses are generally advanced by the firm

Helpful information includes:

– Medical records
– Hospital discharge summaries
– Imaging reports
– Pathology reports
– Insurance information
– Photographs
– Timeline of events
– Names of healthcare providers involved

Even if you do not have all records, our firm can typically assist in obtaining them.

One of the most common questions we hear is:

“Something went wrong during my medical care. Do I have a case?”

The answer depends on whether the injury resulted from negligence rather than an unavoidable complication.

Possibly. A physician may be liable when he or she fails to recognize symptoms, order appropriate testing, follow up on abnormal findings, or communicate critical results, causing a delay in diagnosis that worsens the patient’s prognosis.

We handle claims involving:

– Breast cancer
– Colon cancer
– Lung cancer
– Prostate cancer
– Thyroid cancer
– Cervical cancer
– Ovarian cancer
– Pancreatic cancer
– Melanoma

Examples include:

– Failure to order imaging studies
– Failure to refer to a specialist
– Misreading radiology studies
– Misinterpreting pathology slides
– Failure to communicate test results
– Failure to recommend follow-up testing

No.

Many successful claims involve delays that resulted in:

– More extensive surgery
– Additional chemotherapy
– Radiation treatment
– Reduced survival chances
– Increased pain and suffering

Our attorneys work with oncologists, pathologists, radiologists, and other experts to determine:

– When the cancer should have been diagnosed
– Whether earlier treatment would have changed the outcome
– How the delay affected prognosis and survival

Yes.

Stroke is a time-sensitive emergency. Delays in diagnosis and treatment can lead to permanent brain injury, paralysis, speech deficits, and death.

Potential warning signs include:

– Sudden weakness
– Facial drooping
– Difficulty speaking
– Vision changes
– Loss of balance
– Severe dizziness
– Altered mental status

Examples include:

– Failure to recognize stroke symptoms
– Failure to obtain timely brain imaging
– Failure to consult neurology
– Failure to administer appropriate treatment
– Premature discharge from the emergency room

Every minute matters.

Brain tissue can be permanently damaged when treatment is delayed. One of the key issues in stroke malpractice litigation is whether earlier intervention would have improved the patient’s outcome.

Possibly.

A physician may be negligent if symptoms, EKG findings, laboratory results, or other warning signs were ignored or inadequately investigated.

Symptoms can include:

– Chest pain
– Chest pressure
– Shortness of breath
– Arm pain
– Jaw pain
– Back pain
– Nausea
– Sweating
– Fatigue

Not every patient presents with “classic” symptoms.

Examples include:

– Failure to obtain an EKG
– Failure to repeat EKG testing
– Failure to order cardiac enzymes
– Failure to admit high-risk patients
– Failure to consult cardiology
– Misinterpretation of test results

Yes.

Women frequently present with atypical symptoms that can be mistakenly attributed to anxiety, indigestion, or other non-cardiac causes.

Not every complication is malpractice. However, preventable mistakes may constitute negligence.

Examples include:

– Injury to nearby organs
– Wrong-site surgery
– Retained surgical instruments
– Excessive bleeding
– Nerve injuries
– Failure to recognize complications

Yes.

Whether liability exists depends on whether the injury was a recognized risk or resulted from a departure from accepted surgical practice.

Failure to timely diagnose and treat a post-operative complication can itself constitute negligence.

Examples include:

– Internal bleeding
– Bowel injury
– Ureteral injury
– Infection
– Blood clots

We typically review:

– Operative reports
– Nursing records
– Anesthesia records
– Pathology reports
– Imaging studies
– Post-operative progress notes

A birth injury occurs when negligent medical care during pregnancy, labor, delivery, or newborn care causes harm to a child or mother.

Examples include:

– Cerebral palsy
– Brain injury from oxygen deprivation
– Brachial plexus injuries
– Shoulder dystocia injuries
– Delayed Cesarean section
– Improper use of forceps or vacuum extraction

Our experts analyze:

– Fetal monitoring strips
– Labor records
– Delivery timing
– Obstetrical decision-making
– Neonatal records

Some injuries can require:

– Lifetime medical care
– Physical therapy
– Occupational therapy
– Assistive devices
– Specialized educational services

Sepsis is a life-threatening condition caused by the body’s overwhelming response to infection.

Prompt recognition and treatment are critical.

Yes.

Sepsis is one of the most frequently missed medical emergencies.

Delays can result in:

– Organ failure
– Amputation
– Permanent disability
– Death

Possible warning signs include:
– Fever
– Elevated heart rate
– Low blood pressure
– Confusion
– Elevated white blood cell count
– Signs of infection

Examples include:

– Failure to recognize sepsis
– Delayed antibiotics
– Delayed blood cultures
– Failure to monitor deterioration
– Delayed ICU transfer

Yes.

Hospitals may be liable for their own negligence and, in some cases, for the negligence of healthcare providers working within the facility.

Examples include:

– Failure to monitor patients
– Medication errors
– Patient falls
– Failure to respond to emergencies
– Communication failures
– Staffing failures
– Hospital-acquired infections

Yes.

Nurses play a critical role in patient safety. Failure to monitor, assess, document, or communicate significant changes in a patient’s condition can cause serious harm.

Failure to rescue occurs when healthcare providers fail to recognize and respond appropriately to a deteriorating patient.

These cases often involve:

– Internal bleeding
– Sepsis
– Respiratory distress
– Cardiac complications
– Post-operative emergencies

A wrongful death claim arises when medical negligence causes a patient’s death.

Common examples include:

– Missed cancer diagnoses
– Delayed stroke treatment
– Missed heart attacks
– Surgical complications
– Sepsis
– Hospital negligence

The answer depends on the law of the jurisdiction, but generally includes certain close family members such as:

– Spouses
– Children
– Parents

Depending on the circumstances, damages may include:

– Funeral expenses
– Loss of financial support
– Loss of companionship
– Emotional suffering
– Conscious pain and suffering experienced before death

Strict deadlines apply.

Because limitations periods differ between Maryland and Washington, D.C., it is important to consult an attorney as soon as possible.

You may have a claim if:

1. A healthcare provider violated the accepted standard of care;
2. The violation caused injury; and
3. You suffered damages as a result.

Our firm handles medical malpractice cases on a contingency fee basis.

That means there is no attorney fee unless we recover compensation for you.

Every case is unique.

The value depends on factors such as:

– Severity of injury
– Medical expenses
– Lost wages
– Future care needs
– Permanent disability
– Pain and suffering
– Wrongful death damages

You should:

1. Obtain medical treatment if needed.
2. Preserve records and documents.
3. Write down a timeline of events.
4. Contact an experienced medical malpractice attorney promptly.

We focus on complex cases involving:

– Failure to diagnose cancer
– Delayed diagnosis of stroke
– Delayed diagnosis of heart attack
– Surgical negligence
– Birth injuries
– Sepsis
– Hospital negligence
– Wrongful death

Our attorneys work with nationally recognized medical experts to investigate what happened, determine whether negligence occurred, and pursue full compensation for injured patients and grieving families.