Medical Malpractice Lawyers
Every day, thousands of people across the country seek medical attention due to illnesses, injuries, or for a number of other reasons. Patients put an enormous amount of trust in doctors, nurses, and other medical professionals. People trust that medical professionals will provide professional and accurate medical treatment. Their highly regarded positions and extensive educational backgrounds lead individuals to believe that medical professionals will only provide top-quality care for patients. This is not always the case.
Statistics show that more than 225,000 people lose their lives annually as a result of medical malpractice. Thousands more are left with life-altering injuries that require further medical treatment and result in unnecessary pain and suffering. From incorrect dosages to wrongful diagnosis, or even surgical errors, these incidents often occur as a result of negligent and reckless behavior on behalf of medical professionals who fail to provide care that is up to acceptable standards. These incidents can force patients to undergo further medical treatment and deal with life-long pain and suffering. If you were injured as a result of a medical professional’s negligence, contact a medical malpractice attorney as soon as possible.
The medical negligence lawyers at The Medical Negligence Group have decades of experience helping victims protect their legal rights after being harmed by negligent medical professionals. Our attorneys understand the challenges victims and their families face after receiving medical treatment that is not up to the acceptable standard of care. For this reason, we fight aggressively to ensure victims are fully and fairly compensated. Contact our law firm at your earliest convenience to see how we can help you.
What is Medical Malpractice?
You will often hear the words medical negligence and malpractice used interchangeably. Medical negligence is loosely defined as any negligent act or omission performed by a doctor, nurse, or another medical professional that results in injuries or damages. It is essential to understand that not every undesirable outcome surrounding a surgery or treatment is legally pursuable. It is important that victims are able to provide evidence that supports the burden of proof.
In order to prevail from a medical malpractice lawsuit, victims must be able to demonstrate four elements of negligence exist in their claim. These elements include:
A Doctor-Patient Relationship Existed: You must be able to prove that you received medical treatment from the defendant. The claimant must have turned to the doctor, nurse, or another medical professional for advice, treatment, or care for an injury or illness. Medical malpractice lawsuits are only possible when medical professionals have provided care or treatment to a patient.
Negligence Occurred: Although every doctor, nurse, or medical professional will have their own opinions on how best to treat a patient, all providers are required to adhere to the acceptable standard of care while treating patients. When medical professionals deviate from the standard of care, they can cause irreversible injuries to the patient. Proving that negligence occurred requires demonstrating that a medical professional engaged in some course of conduct that is not on course with the care or treatment another medical professional with similar background or education would perform under similar circumstances.
Negligence Caused the Injuries: After demonstrating that negligence occurred during the course of treatment, you must next prove that the negligent action was the cause of the injuries. Showing that a doctor, nurses, or another medical professional’s actions caused your injuries or worsened an existing condition is a critical part of demonstrating why you are entitled to justice. You must be able to show that the negligent treatment caused you to suffer mental, physical, or emotional pain and suffering.
The Injury Caused Damages: After proving that the negligent actions caused injuries, victims must further demonstrate that they suffered damages as a result of the injuries sustained due to the actions of negligent medical professionals. Numerous victims are left to endure overwhelming mental and emotional pain and suffering, anguish, thousands of dollars in medical bills, and various other damages. Accurately demonstrating the level of damages is a victim’s best bet for solidifying their legal claim.
The negative consequences of medical malpractice continue to plague victims and their families for years. Having to spend time off work while dealing with stacking medical bills from surgery, treatment, and therapy can sometimes result in millions of dollars in financial burdens. For this reason, it is imperative that victims act quickly to pursue a claim. Each state presents strict statutes of limitations in which victims are able to file legal claims. Not filing within the allotted time frame can jeopardize your ability to get the justice and compensation you deserve.
There are instances where medical professionals engage in reckless or negligent actions in a hospital setting. These actions can have a life-changing impact on victims’ lives. It is essential to understand that hospitals are responsible for adequately screening potential employees and making sure their education, certifications, and experience are all up to par. When hospitals hire under-qualified professionals, they can be held liable for any injuries patients endure as a result of their incompetence. In other instances, hospital employees and staff must adhere to the acceptable standard of care. When doctors, nurses, and other professionals fail to provide adequate care, they can cause pain and suffering. Some of the actions of negligence surrounding lawsuits against hospitals include:
- Making inaccurate diagnoses of patients.
- Neglecting a patient in the hospital’s care.
- Not offering the patient the proper treatment.
- Ignoring the patient to the point that their condition worsens or becomes unstable.
- Not sending patients to the appropriate specialists.
- Not ordering accurate diagnostic tests to determine appropriate treatment options.
- Not providing patients with the correct type or dosage of medications.
- The misuse of medical equipment.
- The erroneous use of anesthesia.
- Performing unnecessary or non-consensual surgery.
- Not adhering to proper hospital protocol.
Hospitals can be held vicariously liable for any injuries caused by the direct negligence of their employees. Hospitals share this liability because they have a duty of care to direct and supervise their employees to ensure they are providing adequate care for patients. Regardless of whether an employee is negligent, or there is a systematic problem in the hospital, hospitals can face lawsuits.
Misdiagnosis or Delayed Diagnosis
Not accurately diagnosing a medical condition in a timely manner can have a detrimental impact on the health and wellbeing of a patient. In some cases, patients are left with excruciating and lasting pain as well as physical impairments. Some victims end up losing their lives due to the missed diagnosis of a health condition.
Some commonly misdiagnosed health conditions include lung cancer, ovarian cancer, brain cancer, breast cancer, appendicitis, infections, vascular diseases, and ectopic pregnancies. Not having a timely and accurate diagnosis for any of these conditions can be fatal. To prove that a patient suffered as a result of negligence, they must show that any of the following circumstances existed:
Failing to listen to the patient: If a doctor fails to examine a patient’s symptoms or doesn’t order further testing, and a patient’s condition worsens, the doctor can be held liable for their actions.
Failing to Recognize Symptoms: Doctors are trained to make diagnoses based on certain symptoms. If a healthcare professional does not establish an accurate diagnosis, despite knowing the symptoms indicative of a specific illness, they can be held liable for medical malpractice.
Failing to examine the medical history of a patient: Doctors and physicians have to examine their patients and review their personal and family medical histories. Physicians who fail to do so may be held liable for resulting injuries or damages after a patient becomes sick or worsens as a result of their not reviewing the medical history.
Ordering the wrong tests: When doctors order the wrong tests based on symptoms, they can be held liable for any further injuries. Additionally, when doctors fail to order standard tests after reviewing a patient’s symptoms, they can be held responsible for negligence as well.
Failing to interpret tests correctly: After ordering tests for patients, doctors are responsible for interpreting the results. When doctors carelessly interpret the test results from a patient, they can be considered as acting negligently. Under these circumstances, doctors can be held liable for resulting injuries or the worsening of symptoms.
When patients are not timely and appropriately diagnosed, their illnesses can worsen. Not receiving the appropriate treatment can have fatal consequences. Additionally, many patients subjected to these conditions are left to ensure pain and suffering and go through risky treatments.
After going through surgery, medical staff is often charged with wound care. Nurses and medical professionals are required to monitor patients to ensure no complications arise from surgery or treatment. Medical professionals need to monitor vital signs and give detailed instructions to patients and work to prevent and treat infections, should they occur. If a doctor or nurse fails to accurately monitor a patient or fails to notice any symptoms, the patient can suffer adverse reactions, which may be life-threatening. When this occurs, patients may be able to file legal claims for medical malpractice.
Some of the conditions, infections, and illnesses that can occur as a result of postoperative negligence include:
- Necrotizing fasciitis
- Bloodstream infections
- Urinary tract infections (UTI)
- Viral infections
- Internal bleeding
- Surgical site infections
- Tissue necrosis
- Respiratory infections
- Staphylococcus infections
- Organ perforations
- Methicillin-resistant staphylococcus aureus (MRSA)
- Blood clots
- Pulmonary embolism
These can be life-threatening. Allowing any infection or medical issue to go on for an extended time after surgery can result in permanent organ damage or even death.
Medical Malpractice in Newborns
The United States is found to have the highest infant mortality rate in the world and rank third in postneonatal mortalities. These alarming ratings are due, in part, to medical negligence. More than 28,000 newborns in the United States sustain birth injuries. Some of the most common conditions resulting from these injuries include:
Infections: Newborns who are not adequately cared for during the labor and delivery process can develop life-threatening infections. In some cases, newborns contract infections from their mothers. Infections like meningitis and sepsis can be fatal, especially for newborns who have underdeveloped immune systems.
Intracranial Hemorrhages: Newborns can suffer brain bleeds as a result of oxygen deprivation or trauma during the birthing process. In numerous cases, brain bleeds are the result of medical negligence. This is particularly true in cases where medical professionals misuse vacuum extractors, forceps, and various other tools during the birthing process.
Periventricular Leukomalacia (PVL): These injuries occur as a result of damage to the white matter in the brain. PVL can occur as a result of oxygen deprivation during the birthing process, brain bleeds, or due to infections from the mother.
Jaundice/Kernicterus: Not adequately diagnosing and treating jaundice can lead to the development of kernicterus. This condition is extremely dangerous and can result in permanent brain damage.
Seizures: Seizures are often the result of traumatic injuries to the head or brain during the birthing process or immediately following birth. In some cases, oxygen deprivation is the cause of seizures in newborns.
Developmental Delays: Many birth injuries impact the brain function of developing newborns. As a result, many children go on to suffer developmental delays. Children who develop Erb’s palsy, spinal cord injuries, cerebral palsy, and various other injuries can experience physical, mental, and emotional developmental delays.
Cerebral Palsy (CP): This life-changing neurological condition is caused by a lack of oxygen to the brain during the birthing process. This condition is exceptionally devastating and requires extensive medical treatment. Cerebral palsy can cause muscle tone problems, movement disorders, and lead to motor skill impairments.
Birth Asphyxia: Hypoxic-ischemic encephalopathy (HIE) is caused by oxygen deprivation to the developing brain of the baby. The deprivation of oxygen during the birthing process can lead to seizure disorders and severe developmental delays.
In numerous cases, newborns sustain birth injuries as a result of medical negligence. Doctors, nurses, and physicians who are negligent while providing prenatal care during the labor or delivery process, or negligently managing the baby after birth can cause life-altering injuries. Some of the most common examples of medical errors that cause birth injuries include:
- Not monitoring babies accurately for signs of distress.
- Not responding to signs of fetal distress.
- Not using Pitocin and Cytotec appropriately.
- The misuse of forceps during the birthing process.
- The misuse of vacuum extractors during the birthing process.
- Not managing problems in the placenta, uterus, or umbilical cord.
- Not responding to abnormal fetal presentation in a timely and appropriate manner.
- Not taking precautions in high-risk pregnancies.
- Not correctly treating babies who have already suffered birth injuries.
If your child suffered a birth injury, and you believe it was caused by medical negligence, you should reach out to an aggressive medical malpractice lawyer as soon as possible to get the justice you deserve. You may be entitled to compensation to alleviate the long-term costs associated with the treatment of your child.
Determining the Value of Your Medical Negligence Claim
After contacting The Medical Negligence Group, our team will work to determine the value of your claim. Many individuals wonder if they will be able to secure enough compensation to cover the life-long medical expenses they face as a result of a negligent or reckless medical professional. When it comes to determining the value of a medical malpractice claim, we review various factors surrounding the accident to determine what each case is worth.
With most medical malpractice lawsuits, victims are able to obtain compensation to alleviate the financial burdens they face in the aftermath of their incidents. Some of the economic damages the team at The Medical Negligence Group helps victims obtain include compensation to cover:
- The costs of all past, current, and future medical expenses related to the incident.
- The costs associated with long-term care facilities and required therapies.
- The costs associated with medical devices and medications.
- Any lost wages due to surgery or doctor appointments.
- Any lost earnings due to being forced out of work permanently because of the injuries.
- The costs associated with household services.
- Permanent disability benefits.
Several states place caps on the amount of non-economic damages victims can recover. Non-economic damages are awards provided to victims for damages that are not typically associated with any financial loss they experienced. Instead, these awards are based on the amount of suffering a victim is forced to endure. Some of the non-economic damages our medical negligence attorneys help victims obtain include compensation for:
- Mental anguish
- Physical and emotional pain and suffering
- Loss of society
- Loss of consortium
- Loss of companionship
- Loss of enjoyment of life
If you were injured by a negligent or reckless medical professional, contact The Medical Negligence Group as soon as possible. Our medical malpractice lawyers are dedicated to helping victims recover the maximum amount of compensation available for their legal claims.
Getting You Justice
Medical malpractice cases are extremely complex. Filing a lawsuit after being harmed by a negligent or reckless medical professional requires extensive knowledge of the medical industry and the law. Medical negligence lawsuits require a substantial financial investment. Paying expert witnesses, gathering evidence, and proving negligent takes considerable time and effort and requires the keen attention to detail our legal team provides.
If you or a loved one suffered injuries while in a hospital or at any time while under the care and control of a medical professional, and you believe negligence was the cause, contact our law firm as soon as possible. We strive to help victims protect their legal rights so they are in the best position imaginable to move forward and tend to their injuries while recovering. We understand the unique challenges malpractice victims face, which is why we wholeheartedly believe you deserve justice. Contact our medical malpractice lawyers as soon as possible to schedule a free case evaluation so we can provide an in-depth evaluation of your case.
The Medical Negligence Group Can Help You
Every year, medical malpractice claims the lives of more than 200,000 people across the United States while leaving numerous others with debilitating injuries. Patients who are harmed under these circumstances often go without the actual care and medical treatment they require. Instead, they are forced to suffer and deal with prolonged pain. When patients receive inadequate care as a result of medical negligence, it is imperative that they reach out to a medical malpractice attorney as soon as possible.
The malpractice attorneys at The Medical Negligence Group have decades of experience in both the medical and legal fields. Our experience equips us with the knowledge and understanding necessary to help victims protect their legal rights after being harmed by negligent medical professionals. Over the years, we have helped victims secure both seven and eight-digit settlements for their cases, and we strive to provide trusted and effective legal representation to injured victims across the country. Contact our law firm at your earliest convenience by calling (410) 220-6609. Schedule a free case evaluation with a malpractice lawyer to see what legal options are available for you.
Gershon, Willoughby & Getz, LLC25 Hooks Lane Suite 304, Baltimore, Maryland 21208