What Steps Should You Take Immediately After Suffering a Permanent Disability Due to Malpractice?

Suffering a permanent disability can be life-changing, and when that disability is caused by medical malpractice, the consequences can feel even more overwhelming. Whether it is the result of a surgical error, misdiagnosis, or improper treatment, these injuries can have a long-lasting impact on your ability to work, live independently, and enjoy life. Understanding the legal steps to take after such an event is key to protecting your rights and seeking compensation.

Understanding Permanent Disabilities and Medical Malpractice

A permanent disability is any condition resulting in lasting loss of function, mobility, or independence. Permanent disabilities can include a wide range of outcomes, such as amputations, paralysis, chronic pain, or neurological impairments. These disabilities often require ongoing medical care and can significantly impact a person’s quality of life.

In the context of medical malpractice, a permanent disability can arise when a healthcare provider fails to meet the accepted standard of care during diagnosis, treatment, or surgery.

Common causes include:

Surgical Errors: Mistakes during surgery may include operating on the wrong body part, damaging nerves, or leaving instruments inside the patient, which can lead to long-term disability.
Misdiagnosis or Delayed Diagnosis: Failing to diagnose a serious health condition in time can allow it to progress to an untreatable stage, resulting in permanent damage.
Improper Treatment: Administering incorrect medications, doses, or procedures can worsen a patient’s condition or create new health problems.
Birth Injuries: Complications during childbirth could involve the improper use of forceps or failure to address fetal distress, leading to conditions like cerebral palsy or nerve damage, causing lifelong disabilities for the child.
Anesthesia Errors: Mistakes in administering anesthesia can include giving the wrong dose or failing to monitor the patient adequately, which can lead to brain damage, oxygen deprivation, or other permanent impairments.
Failure to Prevent Infections: Inadequate sterilization of surgical tools or neglecting post-operative care can lead to severe infections, like sepsis, which may result in organ damage, amputations, or other permanent disabilities.

When medical professionals fail to provide adequate care, and that failure directly leads to permanent disability, you may have grounds for a medical malpractice claim. Our attorneys are also medical doctors who bring a wealth of experience in both medicine and the law to bear in assisting with your Medical Malpractice case. Our team of attorneys includes board-certified Surgeons, Neonatal Specialists and Anesthesiologists, among others. Having an attorney on your side who is also a physician can help to ensure the best possible outcome for your medical malpractice case.

Legal Standards for Proving Malpractice in Permanent Disability Cases

To hold a healthcare provider accountable for malpractice, you must meet the legal standards for proving negligence. Establishing liability for negligence requires demonstrating that the medical professional deviated from the standard of care expected in their field.

Several key elements must be proven in a malpractice case:

Duty of Care: The medical provider was legally obligated to treat you consistently with accepted medical practices.
Breach of Duty: The provider failed to meet this standard of care through their actions or inactions.
Causation: The breach of duty directly caused your injury or led to a worsening of the condition.
Damages: You suffered physical, emotional, or financial harm due to the malpractice.

Proving negligence can be complex, especially in cases involving permanent disabilities where the effects of malpractice may not be immediately clear. Often, medical experts are required to testify on what the standard of care should have been and how the provider’s actions deviated from it.

Steps to Take Immediately After Suffering a Disability

If you have suffered a permanent disability due to medical malpractice, taking the right steps as soon as possible is critical. These steps help protect your health and safeguard your ability to file a malpractice claim.

Seek Immediate Medical Attention and Secure a Second Opinion

Your priority should be addressing your medical needs. Seek treatment for your condition and, if possible, obtain a second opinion from another healthcare provider. Second opinions ensure that your injury is properly diagnosed and treated, and they may also provide critical evidence if your original treatment was inappropriate or harmful.

Collect Medical Records and Document Symptoms

Obtain copies of all relevant medical records, including diagnoses, test results, and treatment plans. These documents are essential for building a malpractice case, as they provide a timeline of the care you received and its effects on your health. Keep a personal journal documenting your symptoms, treatments, and the disability’s impact on your daily life.

Notify Healthcare Providers of Your Intent to File a Claim

Under D.C. Code § 16-2802, Washington D.C. law requires that you notify the healthcare provider or institution of your intent to file a medical malpractice claim. This “Notice of Intention” must be provided before filing the lawsuit and is a necessary step in initiating legal action.

Be Aware of the Statute of Limitations

Washington, D.C. has a strict statute of limitations for medical malpractice cases, outlined in D.C. Code § 12-301. In most cases, you have three years from the date of the injury (or the date you discovered the injury) to file a malpractice claim. However, if you fail to act within this time frame, you may lose the right to pursue compensation. Taking legal steps as quickly as possible ensures you comply with all legal deadlines and requirements.

Seek Compensation for Your Damages

If your claim is successful, you may be entitled to compensation for a range of damages, including:

Medical Bills: This includes the cost of treating your original injury and any ongoing care related to your permanent disability.
Rehabilitation Costs: Many individuals with permanent disabilities require physical therapy, occupational therapy, or other rehabilitative treatments.
Loss of Income: If your disability prevents you from working or reduces your earning capacity, you can seek compensation for lost wages.
Pain and Suffering: Malpractice can take an emotional toll, and compensation may be available for the mental anguish and diminished quality of life resulting from the injury.

How an Experienced Medical Malpractice Attorney Can Help

Suffering a permanent disability due to medical malpractice is a life-altering event that can leave you facing significant physical, emotional, and financial challenges. Taking immediate action to protect your legal rights is necessary to ensure you receive compensation to cover your medical costs and support your future. Our physician attorneys have a deep understanding of chronic condition management and medical malpractice laws. LawMD is here to help you seek justice and fair compensation.