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Medical Malpractice Lawyers
Providing Compassionate and Experienced Legal Representation
Medical negligence can lead to extensive injuries and damages. If you’ve experienced medical malpractice, you deserve a team of legal professionals with experience in the medical field. At LawMD, our lawyers are doctors, too.
Most of our physician-attorneys are either current or past treating doctors in, collectively, a wide range of medical specialties. There is a good chance one or more of our physician attorneys have actually treated medical conditions similar to the ones from which you or your loved one now suffers. That translates into care and understanding as your Counselors and know-how as your Advocates. To talk to our team about your case, contact us today.
What Constitutes Medical Malpractice?
Medical malpractice doesn’t simply mean making a mistake. Doctors, nurses, and other healthcare workers are well-educated in the proper standard of care they must provide to patients. The standard of care for medical professionals requires that the decisions made and protocols followed are reasonable and align with agreed-upon standard medical practices for the given diagnosis. Medical malpractice occurs when a medical professional fails to uphold this standard of care, whether by doing or by failing to do what would be reasonably expected in the situation. Mistakes can and do happen in the medical field. However, when a mistake is made due to negligence, there may be grounds for a medical malpractice claim and possible compensation. If you’re unsure whether or not you have a medical malpractice case, contact our team today. We’ll investigate the circumstances surrounding your claim to determine your best course of action. Some common examples of medical malpractice include:
- Failure to diagnose a medical condition
- Medication or prescription errors
- Misdiagnosis of a condition
- Surgical errors
- Mistakes during childbirth that lead to birth injuries
- Failure to provide timely medical treatment for a condition
- Anesthesia errors
- Failure to monitor a patient’s vital signs
- Improper patient care
- Charting errors
- Failure to order the proper diagnostic tests
- Failure to interpret diagnostic tests, labs, or radiology results
- Lack of informed consent
Time- and Cost-Savings for Your Case
Any honest medical malpractice attorney will tell you that one of the greatest expenses in a medical malpractice case is having to pay physician experts to study the details of the medical issues in your case and, if necessary, provide testimony at deposition and trial.
While even our physician attorneys may also need to hire outside medical experts for your case, our medical know-how allows us to perform a significant amount of the medical analysis necessary for your case in-house, which may translate into significant savings at the conclusion of your case.
What Is Negligence?
Medical malpractice claims almost always involve some form of negligence. By behaving negligently, a medical provider has failed to provide standard care. If you can prove negligence, it’s very likely you’ll receive compensation for your injuries.
Under the law, negligence is defined as the following:
Duty of care
The medical provider had a duty of care to you, the patient
The medical provider had a duty of care to you, the patient
Breach of duty
By failing to provide adequate care, the medical provider has breached their duty
By failing to provide adequate care, the medical provider has breached their duty
Causation
The medical provider’s breach of duty caused you to suffer injuries
The medical provider’s breach of duty caused you to suffer injuries
Damages
Your injuries led to financial or physical damages
Your injuries led to financial or physical damages
For example, let’s say you underwent surgery, but the surgeon left an instrument inside your body. The surgeon had a duty of care to provide you with adequate medical treatment. By leaving an instrument inside your body, the surgeon has breached their duty of care. If you suffered injuries due to this or any other negligence, such as pain or an infection, you deserve compensation for costs incurred, as well as for your pain and suffering.
Proving negligence is essential in a medical malpractice case. Our team of attorney physicians can help gather necessary evidence, file required paperwork, and make your case in court, if necessary, while you focus on healing and getting your life back on track. We are lawyers, and we are also doctors, bringing a high level of expertise to your case. Let us carry some of the burden and help you get the compensation you need and deserve.
Doctors in your Court
Our medical malpractice lawyers are also doctors, so they have firsthand knowledge of medical procedures, standards of care, and potential medical errors that can occur in a hospital or clinical setting.
This combination of medical and legal expertise allows the LawMD team to prosecute medical malpractice cases with clinical precision, which translates into credible and impactful advocacy leading to better financial outcomes for our clients.
Serving Medical Malpractice Clients Nationwide
Medical malpractice claims can be wrought with incredible complexity. Let our award-winning medical malpractice attorneys guide you through.
Medical malpractice claims can be wrought with incredible complexity. Let our award-winning medical malpractice attorneys guide you through.
Obstetrics
Gynecology
Neonatology
Anesthesiology
Cardio Thoracic Surgery
General Surgery
Legal Medicine
Urology
Radiology
Family Medicine
Pediatrics
Pharmacology
Rapid Response With Solid Answers to Your Serious Questions Regarding Your Case
Because we have in-house medical know-how, we can evaluate the medical questions in your case and provide answers without a lengthy wait. Our internal process involves getting the issues in your case quickly in front of the right physician-attorney who, based on his or her medical experience and training, is most likely to have the answers you seek about whether you have a case and how we might help you get the compensation you deserve to help secure a brighter future for you and for your loved ones.
Medical Malpractice Attorneys Serving Nationwide
A medical mistake can change your life forever. Whether you’ve lost a loved one because of malpractice or you’re currently undergoing further medical treatment because of your injuries, you deserve a team of experienced medical malpractice attorneys on your side.
Our team, and network of attorneys, serves clients nationwide, and we’re prepared to take on your case today. We can hold doctors, nurses, anesthesiologists, and other healthcare professionals accountable for their actions and inactions. From the moment you contact us, we’ll begin working on your case, gathering evidence to support your claim and get you the compensation you deserve.
Doctors in the Courtroom, Fighting for the Injured
Medical malpractice claims can be wrought with incredible complexity, but chances are that there are few or none who can know the medical issues in your case like medical professionals. If you are seeking compensation in a medical malpractice claim, you should have experienced medical malpractice lawyers working for you on that case. You will also stand to benefit from medical professionals on your side. With LawMD, you get both.
At LawMD, our attorneys are not just award-winning legal professionals; most of them are also medical doctors. Our team comprises medical professionals with specialties and capacities in emergency medicine, surgery, pediatrics, radiology, and a number of other specialties and subspecialties. We also consist of highly respected trial lawyers, seasoned negotiators, and experienced litigators. It is this winning combination of legal and medical knowledge that earns our reputation among many as the legal team with “the right medicine for justice.”
If your life has been changed by a serious injury or wrongful death of a loved one due to negligence, contact us today for a free, no-obligation consultation about your case.
Types of Cases We Handle
LawMD handles all types of medical malpractice and negligence cases, including birth injuries/maternal complications, emergency room errors, surgical errors and postoperative negligence, hospital-acquired infections, medication errors, anesthesia errors, defective medical devices, failure to diagnose/misdiagnosis, failure to provide timely and appropriate medical care, and more. Our medical malpractice and serious-injury lawyers represent clients in cases addressing issues that span nearly all medical specialties. Though our central office is located in the nation’s capital, our physician attorneys serve clients across the United States.
Who Can Be Held Liable in a Medical Malpractice Case?
When most people think of medical malpractice cases, they picture doctors being held accountable for their negligence. However, there are many medical professionals who could have been involved in your case, all of whom may have contributed to your injuries. When you work with our team, we’ll investigate your case to determine who the liable parties are and how they caused your suffering.
Your medical malpractice case may involve:
- Doctors
- Surgeons
- Pharmacists
- Nurses
- Anesthesiologists
- Hospital staff members
- Urgent care centers
- Emergency Rooms
- Lab technicians
- Administrators
- Manufacturers of medical devices
Liability will depend on how your injuries happened and who was involved in your case. In some instances, there are multiple liable parties involved in your injuries. Liability may also depend on whether someone is an independent contractor or an employee at a hospital or doctor’s office.
What Does a Medical Malpractice Lawyer Do?
Our medical malpractice lawyers are dedicated to getting you the best possible outcome in your case. For most people, that means holding liable parties accountable by obtaining compensation for the damages they caused. When you work with our team, we’ll walk you through your case from start to finish, pursuing all legal avenues to get you the outcome you deserve.
One of the Physician Attorneys on our team will do the following:
Investigate the Circumstances of Your Case
No two medical malpractice cases are alike. When you approach our team, we’ll start by investigating the facts of your case, looking to uncover exactly what caused your injuries and how they happened.
Gather Evidence
Evidence is crucial in a medical malpractice claim. Not only will we gather evidence of your injuries, but we’ll also gather evidence showing that the malpractice caused your injuries and your damages. By doing so, we can prove negligence in court to get you the compensation you deserve.
Calculate Your Damages
Damages don’t just include your medical bills. After an injury caused by negligence, there are many hidden costs you may have accrued. We’ll sit down with you to determine exactly how the injuries have affected your life and what full and fair compensation looks like for you.
Negotiate With the Liable Party
Pursuing a medical malpractice case often means meeting with groups of lawyers from hospitals. Hospitals and doctor’s offices typically have attorneys on retainer to argue against any medical malpractice cases. By working with our team, you can focus on yourself while we meet with the liable party or their legal representatives and negotiate for the settlement you deserve.
Pursue Your Case in Court
Most medical malpractice cases are settled outside of court through negotiation tactics. However, it’s possible that the best way to get the compensation you deserve is through the court system. If the liable party refuses to pay you what you are owed, our team will prepare your case for trial. We’ll present all your evidence before a judge to get you the best possible outcome.
What Kind of Damages Can You Receive in a Medical Malpractice Case?
Medical malpractice cases often involve extensive damages. In cases like these, any financial or emotional losses the victim has suffered can be claimed as damages. The liable party will then be required to pay the victim for the damages they caused.
Your specific damages will depend on the circumstances of your case and how badly you are injured. However, there are some damages that most victims claim, including:
Non-Economic Damages
Non-economic damages cover your mental health and emotional well-being as a result of your doctor’s negligence. Being injured by a medical professional can be traumatizing, and it’s likely that you’ve sustained many emotional damages. Non-economic damages include:
- Emotional distress
- Pain and suffering
- Post-traumatic stress disorder (PTSD)
- Anxiety and depression
- Permanent disability
- Loss of enjoyment of life
- Loss of companionship (for wrongful death claims)
Economic Damages
Economic damages are specific financial losses you suffered as a result of the negligence. Many victims have to pay out of pocket due to injuries that aren’t their fault. By pursuing a medical malpractice claim, you can recover compensation for items like:
- Past medical bills
- Future medical bills
- Hospital stays
- Emergency room visits
- Medication
- Medical equipment
- Lost wages from taking time off work
- Loss of future income if you can no longer perform your job duties
Punitive Damages
Punitive damages are awarded in extreme circumstances when the defendant is found to have acted recklessly or without regard for human life. While punitive damages aren’t always relevant for medical malpractice cases, our team can examine your claim to determine if you can request them or not. For instance, if you were injured by a surgeon who performed an operation while under the influence of drugs or alcohol, you may be awarded punitive damages.
What Should You Do After Experiencing Medical Malpractice?
Being injured by a medical professional can be a devastating experience. Many victims must seek additional medical treatment to correct mistakes or get a diagnosis. By taking the right steps now, you can protect your health and safety while also gathering evidence to file a medical malpractice claim.
If you’ve experienced medical malpractice, be sure to do the following:
Seek Medical Attention
Go to a different medical provider to get the medical care you need. Depending on the nature of your injuries and condition, you may require further treatment, medication, or even surgery. Records of your additional treatment will help you prove your claim.
Request Your Medical Records
Your medical records are your main source of evidence in a medical malpractice claim. Your records contain summaries of your condition, medical history, treatment, and more. Contact your hospital or doctor to request your records and keep multiple copies on hand.
Document Your Condition
Start a journal and document your symptoms and ailments as they arise. Every day, write down how the negligence affects your emotional and physical health and note any disruptions to your daily routine. This daily journal will help you calculate damages and claim compensation.
Contact Our Legal Team
You have a limited amount of time to file a medical malpractice lawsuit. Whether you simply have questions or you’re ready to file a lawsuit today, our team is here to help. During your initial consultation, we’ll learn more about your medical condition and the negligence that occurred to provide the next steps for your case.
How Long Do I Have to File a Medical Malpractice Claim?
Medical malpractice claims are considered personal injury claims. Most personal injury claims are subject to a statute of limitations. Once the statute of limitations is up, you will no longer be able to pursue compensation in court.
Every state has a different statute of limitations. For most states, the timeline is two to three years from the date the injury occurred. Some states allow victims to seek compensation for up to five years. If your injuries were not discovered until later, the statute of limitations may start once your injuries have been diagnosed.
There are certain exceptions to the statute of limitations, although they are rare and may not apply to your case. For instance, if the defendant in your case attempts to flee to avoid justice, the statute of limitations may be paused. Minors who are injured by a medical professional may have additional time until they turn 18.
The best way to ensure you get the maximum settlement in your case is by reaching out to our team immediately. Two to three years may sound like ample time, but gathering evidence and talking to medical professionals can take weeks or months. By talking to our attorneys now, you are giving yourself a jump start into seeking justice and recovering compensation.
Who Can File a Wrongful Death Lawsuit?
Unfortunately, some types of medical malpractice lead to fatalities. Mistakes during surgery, misdiagnoses, and medication errors all have the potential to cause death. If your loved one passed away because of medical malpractice, you may be able to file a wrongful death claim on their behalf.
Wrongful death lawsuits provide money to the deceased’s closest living relatives. Those relatives typically include the surviving spouse, children, or parents. In some states, the executor of the estate must file the lawsuit on behalf of the deceased’s relatives. If your loved one did not assign an executor of their estate, the court can appoint one.
Wrongful death claims have different regulations than medical malpractice claims do. It’s important to understand these types of lawsuits fully before pursuing one. If you have questions about a wrongful death claim or would like to learn more about them, please contact our law firm today.
What Is Informed Consent?
Doctors must obtain informed consent from a patient before performing a procedure. Informed consent includes understanding the risks and being of sound mind. Many consent forms are very detailed, listing all complications and potential side effects that could happen.
Sometimes, victims of medical malpractice believe that they cannot sue because they signed a consent form. Fortunately, that is usually not the case. Signing a consent form does not mean agreeing to medical negligence. If your medical provider acted negligently and caused further injuries, it is very likely you will be able to pursue a medical malpractice claim.
Hospitals and clinics often list as many conditions as possible in their consent forms to cover all potential outcomes of a risky procedure. If you suffer a complication that is covered in your consent form, you may not be able to recover compensation. However, this depends greatly on how your complication happened and whether there was negligence involved.
Informed consent may be part of your medical malpractice claim. Fortunately, our lawyers have extensive experience in the medical field, and we’ve helped clients like you seek justice after medical malpractice. Contact us today to learn more about our services.
The Right Medicine for Justice
Our considerable legal experience and medical expertise make us uniquely equipped to address often unexpected challenges involved in analyzing and prosecuting a medical malpractice case. It can also save you time waiting, as much of the medical research and analysis required to move your case to a positive financial outcome can be performed in-house. Very importantly, as doctors too, our attorneys have a practical understanding of the standards of care medical professionals and institutions should provide and practical understanding related to when these standards of care have been breached by negligence. This practical understanding extends to how injuries caused by negligence affect patients, which informs our ability to pursue the best financial outcomes for our clients by settlement or verdict.
If you have suffered a life-changing loss due to the negligence of a hospital or clinician, we are confident we can help you. Contact LawMD to speak to an attorney today about your case.