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Faqs

These medical malpractice, wrongful death, and personal injury FAQs, brought to you by the Washington DC litigation and trial practice lawyers of The Rich Firm, PC, may help you as you consider your legal options.

If you are in the greater Washington DC metropolitan area, including Maryland or Virginia, contact The Rich Firm, PC at 202-529-9379 or toll free at 866-913-5281 for a free initial consultation with one of our experienced malpractice attorneys.


What is medical malpractice?

Medical malpractice occurs when a medical professional or healthcare provider causes injury or death to a patient by failing to act within the applicable standard of care. Healthcare providers are considered negligent when they fail to act reasonably under the circumstances and the unreasonable conduct causes harm.

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What kinds of mistakes result in medical malpractice?
  • Insufficient patient permission before operating
  • Incorrect diagnosis
  • Improperly performed operation
  • Prescribing the wrong medication or dose
  • Not anticipating a problem they should have foreseen
  • Nursing home negligence
  • Post-operative negligence
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How is a medical malpractice case decided?

The court considers what reasonable, prudent medical practitioners would have done in the same situation. If the medical practitioners did not meet that standard, they are judged as negligent.

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When should I file my medical malpractice claim?

It is true that delays can cause you to lose your right to sue.  A time limit, called statute of limitations, is imposed on every type of claim, including personal injury, birth injury, and medical malpractice cases.  You should consult an experienced medical malpractice attorney the moment you suspect negligence or malpractice on the part of a healthcare professional.

  • In Washington DC, you must file your medical malpractice claim within three years of the date of the injury.  If the injury is inflicted on a minor, as is the case with a birth injury, the three-year period begins on the minor’s 18th birthday.
  • Maryland allows injury victims five years from the date of the injury or three years from the date the injury was discovered, whichever is earlier.  If a minor suffers the injury, the same time limit begins once the child turns 18.

This time runs out quickly and evidence can dry up and disappear even faster.  Contact a Maryland malpractice lawyer today to get started on your case.

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How does a jury determine if a doctor’s actions were within the standards of good medical practice?

The jury considers testimony by experts—usually other doctors—who testify whether they believe your physician’s actions followed standard medical practice or fell below the accepted standard of care.

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I signed the consent form before my doctor performed surgery. Do I still have a case?

Hospitals often have patients sign approval for their doctor to perform surgery. In the form, the patient usually consents to the specific surgery and to any other procedures that might become necessary. Before you sign it, your doctor should give you a full description of the surgery, the risks, and the ramifications of not getting the treatment. The court deems your signed consent invalid if we prove that your physician misrepresented or failed to adequately inform you of the risks and benefits before surgery.

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How to deal with a medical error when your health care provider does not accept responsibility for a mistake that harms you or a loved one?

Even though most of the time cerebral palsy is the result of human error and medical malpractice, it is complicated to prove it. Other than that, hospital tend to hire lawyers specialized in those cases to avoid having to pay a settlement for the victim’s family. In order to discover if you have a valid case, you should contact a Maryland cerebral palsy lawyer that provide legal representation regarding cerebral palsy cases.

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What are the most frequent results of substandard care in childbirth?
  • Cerebral palsy (CP)
  • Ataxic cerebral palsy
  • Athetoid cerebral palsy
  • Spastic cerebral palsy
  • Erbs palsy
  • Brachial plexus palsy

Visit our page to learn about The most common types of medical malpractice.

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What should I do if I think I have a medical malpractice claim?

Contact an experienced Washington DC medical malpractice lawyer at The Rich Firm, PC.  Tell the attorney exactly what happened to you, from the first time you visited your doctor through your last contact.  To determine if your doctor may have committed malpractice, we ask questions such as:

  • What were the circumstances surrounding your illness or injury?
  • How did your doctor treat you?
  • What did your doctor tell you about your treatment?
  • Did you follow your doctor’s instructions?
  • What happened to you?
My doctor made a mistake and admitted it. Do I have a malpractice case?

Our experienced Washington DC medical malpractice attorneys can help you to determine if your case has merit. Not all mistakes are malpractice, but if it was the result of negligence or failure to meet the expected standard of care, then damages may be recoverable for you under medical malpractice laws.

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